```

[Senate Report 108-222]
[From the U.S. Government Publishing Office]

108th Congress                                                   Report
                                 SENATE                          
 2d Session                                                     108-222
_______________________________________________________________________
                                     

                                                       Calendar No. 426

                      SAFE, ACCOUNTABLE, FLEXIBLE,

                             AND EFFICIENT

                   TRANSPORTATION EQUITY ACT OF 2003

                               __________

                              R E P O R T

                                 of the

                              COMMITTEE ON

                      ENVIRONMENT AND PUBLIC WORKS

                          UNITED STATES SENATE

                              to accompany

                                S. 1072

                             together with

                             MINORITY VIEWS

                                     

                                     

                January 9, 2004.--Ordered to be printed.
 Filed under authority of the order of the Senate of December 9, 2003.

____________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov  Phone: toll free (866) 512-1800; (202) 512�091800  
Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001

               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                      one hundred eighth congress

                  JAMES M. INHOFE, Oklahoma, Chairman
JOHN W. WARNER, Virginia             JAMES M. JEFFORDS, Vermont
CHRISTOPHER S. BOND, Missouri        MAX BAUCUS, Montana
GEORGE V. VOINOVICH, Ohio            HARRY REID, Nevada
MICHAEL D. CRAPO, Idaho              BOB GRAHAM, Florida
LINCOLN CHAFEE, Rhode Island         JOSEPH I. LIEBERMAN, Connecticut
JOHN CORNYN, Texaa                   BARBARA BOXER, California
LISA MURKOWSKI, Alaska               RON WYDEN, Oregon
CRAIG THOMAS, Wyoming                THOMAS R. CARPER, Delaware
WAYNE ALLARD, Colorado               HILLARY RODHAM CLINTON, New York
                 Andrew Wheeler Majority Staff Director
                 Ken Connolly, Minority Staff Director

                                  (ii)

  

                            C O N T E N T S

                               __________
                                                                   Page
General statement................................................     1
    Background...................................................     1
    Highway Safety Program.......................................     2
    Mobility.....................................................     2
    Freight movement.............................................     3
    Program stewardship and improved project delivery............     3
    Conclusion...................................................     4
Section-by-section analyis.......................................     4
    Section 1. Short title; table of contents....................     4
    Sec. 2. General definitions..................................     4
    Sec 3. Definitions for title 23..............................     4

                          Subtitle A--Funding

Sec. 1101. Authorization of appropriations.......................     5
Sec. 1102. Obligation ceiling....................................     6
Sec. 1103. Apportionments........................................     6
Sec. 1104. Minimun guarantee.....................................     7
Sec. 1105. Revenue aligned budget authority (RABA)...............     7

                        Subtitle B--New Programs

Sec. 1201. Infrastructure Performance and Maintenance program 
  (IPAM).........................................................     8
Sec. 1202. Future of the Surface Transportation System...........     8
Sec. 1203. Freight transportation gateways; Freight intermodal 
  connections....................................................     9
Sec. 1204. Construction of ferry boats and ferry terminal 
  facilities.....................................................     9
Sec. 1205. Designation of the Daniel Patrick Moynihan Interstate 
  Highway........................................................     9

                          Subtitle C--Finance

Sec. 1301. Federal share.........................................    10
Sec. 1302. Transfer of highway and transit funds.................    10
Sec. 1303. Transportation Infrastructure Finance and Innovation 
  Act (TIFIA)....................................................    10
Sec. 1304. Facilitation of International Registration Plans and 
  International Fuel Tax Agreements..............................    11
Sec. 1305. Nationla Commission on Future Revenue Sources to 
  support the Highway Trust Fund and finance the needs of the 
  Surface Transportation System..................................    12
Sec. 1306. State infrastructure banks............................    12

                           Subtitle D--Safety

Sec. 1401. Highway Safety Improvement Program....................    13
Sec. 1402. Operation Lifesaver...................................    14
Sec. 1403. License suspension....................................    14
Sec. 1404. Bus axle weight exemption.............................    14
Sec. 1405. Safe Routes to School program.........................    14
Sec. 1406. Purchase of equipment.................................    15
Sec. 1407. Workzone safety.......................................    15
Sec. 1408. Worker injury prevention and free flow of vehicular 
  traffic........................................................    15

             Subtitle E--Environmental Planning and Review

Sec. 1501. Integration of natural resource concerns into State 
  and metropolitan transportation planning.......................    16
Sec. 1502. Consultation between transportation agencies and 
  resource agencies in transportation planning...................    16
Sec. 1503. Integration of natural resource concerns into 
  transportation project planning................................    17
Sec. 1504. Public involvement in transportation planning projects    17
Sec. 1505. Project mitigation....................................    18

         Chapter 2--Transportation Project Development Process

Sec. 1511. Transportation project development process............    19
Sec. 1512. Assumption of responsibility for categorical 
  exclusions.....................................................    20
Sec. 1513. Surface transportation project delivery pilot program.    20
Sec. 1514. Regulation............................................    21

                        Chapter 3--Miscellaneous

Sec. 1521. Critical real property acquisition....................    21
Sec. 1522. Planning Capacity Building Initiative.................    21

                        Subtitle F--Environment

Sec. 1601. Environmental Restoration and Pollution Abatement; 
  Control of Invasive Plant Species and Establishment of Native 
  Species........................................................    22
Sec. 1602. National Scenic Byways Program........................    22
Sec. 1603. Recreational Trails Program (RTP).....................    23
Sec. 1604. Exemption of Interstate System........................    23
Sec. 1605. Standards.............................................    24
Sec. 1606. Use of High-Occupancy Vehicle (HOV) Lanes.............    24
Sec. 1607. Bicycle Transportation and Pedestrian Walkways........    25
Sec. 1608. Idling Reduction Facilities in Interstate Rights-of-
  Way............................................................    25
Sec. 1609. Toll Programs.........................................    26
Sec. 1610. Federal Reference Method..............................    26
Sec. 1611. Addition of Particulate Matter Areas to CMAQ..........    27
Sec. 1612. Addition of CMAQ-Eligible Projects....................    28
Sec. 1613. Improved Interagency Consultation.....................    29
Sec. 1614. Evaluation and Assessment of CMAQ Projects............    30
Sec. 1615. Synchronized Planning and Conformity Timelines, 
  Requirements, and Horizon......................................    30
Sec. 1616. Transition to New Air Quality Standards...............    32
Sec. 1617. Reduced Barriers to Air Quality Improvements..........    33
Sec. 1618. Air Quality Monitoring Data Influenced by Exceptional 
  Events.........................................................    34
Sec. 1619. Conforming Amendments.................................    35
Sec. 1620. Highway Stormwater Discharge Mitigation Program.......    36

                         Subtitle G--Operations

Sec. 1701. Transportation Systems Management and Operations......    37
Sec. 1702. Real-time System Management Information Program.......    37

                  Subtitle H--Federal-Aid Stewardship

Sec. 1801. Future Interstate System Routes.......................    38
Sec. 1802. Stewardship and Oversight.............................    38
Sec. 1803. Design-Build Contracting..............................    39
Sec. 1804. Program Efficiencies Finance..........................    39
Sec. 1805. Set-Asides for Interstate Discretionary Projects......    39
Sec. 1806. Federal Lands Highways Program........................    40
Sec. 1807. Emergency Relief......................................    41
Sec. 1808. Highway Bridge Program................................    41
Sec. 1809. Appalachian Development Highway System................    41
Sec. 1810. Multistate Corridor Program...........................    41
Sec. 1811. Border Planning, Operations, and Technology and 
  Capacity Program...............................................    42
Sec. 1812. Puerto Rico Highway Program...........................    43
Sec. 1813. National Historic Covered Bridge Preservation.........    43
Sec. 1814. Transportation and Community and System Preservation 
  Pilot Program..................................................    43
Sec. 1815. Tribal-State Road Maintenance Agreements..............    44
Sec. 1816. Forest Highways.......................................    44
Sec. 1817. Territorial Highway Program...........................    44
Sec. 1818. Magnetic Levitation Transportation Technology 
  Deployment Program.............................................    44
Sec. 1819. Donations and Credits.................................    45
Sec. 1820. Disadvantaged Business Enterprises....................    45

                   Subtitle I--Technical Corrections

Sec. 1901. Repeal or Update of Obsolete Text.....................    45
Sec. 1902. Clarification of Date.................................    45
Sec. 1903. Inclusion of Requirements for Signs Identifying 
  Funding Sources in Title 23....................................    46
Sec. 1904. Inclusion of ``Buy America'' Requirements in Title 23.    46
Sec. 1905. Technical Amendments to Nondiscrimination Section.....    46

                   TITLE II--TRANSPORTATION RESEARCH

Sec. 2001. Authorization of Appropriations.......................    46
Sec. 2002. Obligation Ceiling....................................    48
Sec. 2003. Notice................................................    48

                  Subtitle B--Research and Technology

Section 2101. Research and Technology Program....................    49

                  Subchapter I--Surface Transportation

    Subsection 501. Definitions..................................    49
    Subsection 502. Surface Transportation Research..............    49
    Subsection 503. Technology Application Program...............    50
    Subsection 504. Training and Education.......................    51
    Subsection 505. State Planning and Research..................    51
    Subsection 506. International Highway Transportation Outreach 
      Program....................................................    52
    Subsection 507. Surface Transportation-Environment 
      Cooperative Research Program...............................    52
    Subsection 508. Surface Transportation Research Technology 
      Deployment and Strategic Planning..........................    53
    Subsection 509. New Strategic Highway Research Program.......    53
    Subsection 510. University Transportation Centers............    53
    Subsection 511. Multistate corridor operations and management    54
Sec. 2102. Study of Data Collection and Statistical Analysis.....    54
Sec. 2103. Centers for Surface Transportation Excellence.........    55

         Subtitle C--Intelligent Transportation System Research

Sec. 2201. Intelligent Transportation System Research and 
  Technical Assistance Program...................................    55
    Sec. 5501. Short Title.......................................    55
    Sec. 5502. Goals and Purposes................................    55
        Subsection 521. Findings.................................    55
        Subsection 522. Goals and Purposes.......................    56
        Subsection 523. Definitions..............................    56
        Subsection 524. General Authorities and Requirements.....    56
        Subsection 525. National ITS Program Plan................    57
        Subsection 526. National ITS Architecture and Standards..    57
        Subsection 527. Research and Development.................    57
        Subsection 528. Commercial Vehicle Intelligent 
          Transportation System Infrastructure Program...........    57
        Subsection 529. Use of Funds.............................    58

               TITLE III--INTERMODAL PASSENGER FACILITIES

Sec. 3001. Intermodal Passenger Facilities.......................    58

     TITLE IV--FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS

    New title provisions.........................................    58

Hearings.........................................................    60
Legislative history..............................................    88
Rollcall votes...................................................    88
Regulary impact statement........................................    90
Mandates assessment..............................................    91
Cost of legislation..............................................    91
Minority views of Senator Graham.................................    92
Changes in existing law..........................................   108

                                                       Calendar No. 426
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-222

======================================================================

 
SAFE, ACCOUNTABLE, FLEXIBLE, AND EFFICIENT TRANSPORTATION EQUITY ACT OF 
                                  2003

                                _______
                                

                January 9, 2004.--Ordered to be printed.

 Filed under authority of the order of the Senate of December 9, 2003.

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [to accompany S. 1072]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1072) to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                           General Statement

Background
    The Transportation Equity Act for the 21st Century was 
enacted June 9, 1998, as Public Law 105-178. It authorized the 
Federal surface transportation programs for highways, highway 
safety, and transit for the 6-year period between 1998-2003. 
The TEA-21 Restoration Act, enacted July 22, 1998, provided 
technical corrections to the original law.
    TEA-21 succeeded the Intermodal Surface Transportation 
Efficiency Act of 1991 (ISTEA), which was landmark authorizing 
legislation for surface transportation. S. 1072, the Safe, 
Accountable, Flexible, and Efficient Transportation Equity Act 
of 2003 (SAFETEA) strives to combine the legacies of ISTEA and 
TEA-21 with new initiatives to meet greater challenges of 
improving mobility and safety, while protecting and enhancing 
human and natural environments.
    The committee began the reauthorization process in the 
107th Congress by holding a series of hearings during which we 
heard from over 100 witnesses and reviewed over 1,500 pages of 
testimony. A common theme throughout all the hearings was that 
TEA-21 worked. Accordingly, the committee did not seek to make 
wholesale changes to the existing program. The committee has 
also retained the basic formula factors for program 
apportionments.
    Based on the hearing testimony, the committee did make 
certain modifications and enhancements to TEA-21 specific 
areas.

Highway Safety Improvement Program
    SAFETEA creates a new core Highway Safety Improvement 
Program that is intended to raise safety consciousness and 
provide funding support to reduce highway injuries and 
fatalities. Under current law, States are required to use 10 
percent of their Surface Transportation Program (STP) formula 
dollars for safety programs. This bill eliminates the 10 
percent set-aside from STP and instead funds a new safety core 
program. The existing STP formula is used to distribute the new 
safety program dollars to the States.
    States are required to develop a comprehensive highway 
safety plan in consultation with highway safety officials, 
local law enforcement officials, and others to identify highway 
safety problems which need to be addressed. The plan is to be 
the guiding document in allocating funds under the Highway 
Safety Improvement Program.
    All activities previously eligible under the Hazard 
Elimination Program (section 152) are eligible under the new 
safety program. Additional activities, related to workzone 
safety, such as traffic enforcement activities and installation 
of safety barriers, are added.
    SAFETEA maintains a set-aside for railroad grade crossings 
and increases it to $200 million per year. The bill establishes 
a new Safe Routes to School Program funded at $70 million per 
year.

Mobility
    Despite the historic increase in highways investment 
following enactment of TEA-21, operational performance has 
declined. For example, a trip that would have taken 25 minutes 
during congested periods in 1987 now takes an additional 5 
minutes. While increased capital investment is one way to 
address this issue, we must also consider ways to better manage 
the existing system. This bill proposes a national goal of 
real-time traffic information availability for the entire 
nation. This goal, while ambitious, is an important one because 
we need to reorient our thinking to recognize the importance of 
allowing users of the system to utilize the system more 
efficiently. Specifically, by providing travelers with useful 
information, it will enable them to select the right travel 
alternative.
    Mobility is a problem in both urban and rural areas. 
SAFETEA gives States and localities improved ``tools'' to 
address these problems. For example, States are permitted and 
encouraged to consider innovative techniques such as HOT lanes 
(single occupants pay a toll to use the High Occupancy Lanes) 
and variable toll pricing (uses peak hour pricing to control 
congestion). The bill establishes an Intermodal Passenger 
Facilities Program, adopted from the Administration's proposal, 
to improve connections between various modes of transportation. 
Current surface transportation programs fail to address the 
importance of intercity bus service. In many cases, this type 
of service is the only link rural communities have with larger 
urban areas. This bill encourages the development of an 
integrated system of public transportation facilities through 
intercity bus facility grants. The bill also builds upon the 
existing Interstate Reconstruction and Rehabilitation Pilot 
Program by adding a variable toll pricing provision. This will 
give communities the option to use peak hour pricing on 
congested facilities in order to increase mobility and improve 
air quality.
    Although operational performance may have declined, the 
overall physical condition of the nation's highway and bridge 
infrastructure has improved. According to the 2002 Conditions 
and Performance report to Congress, the percentage of highway 
mileage with ``acceptable'' ride quality rose from 82.5 percent 
in 1993 to 86 percent in 2000. The data clearly demonstrates 
that increased investment results in better infrastructure. 
This bill follows the example of TEA-21 and substantially 
increases the amount of dollars available for States and 
communities to improve their transportation facilities.

Freight Movement
    Freight movement in America is expected to grow 
dramatically in both volume and value over the coming decades. 
With increased international trade and movement toward a 
``just-in-time'' economy, freight shipping will take on 
heightened importance. Throughout the reauthorization hearings, 
the committee heard concerns about inadequate facilities, 
insufficient capacity and inefficient connections.
    SAFETEA calls upon each State to designate freight 
coordinators to ensure that freight needs are considered during 
the planning process. Efficiency and capacity at both borders 
and along major, multi-state trade corridors will be improved 
by modifications to TEA-21. The committee has also addressed 
challenges in the area of intermodal connectivity by creating a 
Gateways initiative, which includes a funding set-aside for 
completion of ``last mile'' connections from the National 
Highway System core program. Inadequate connections between 
port terminals and highways or rail facilities and highways are 
a major factor in freight congestion. Although the bill does 
not provide for separate funding for freight connections, it 
does require State to consider freight infrastructure issues.

Program Stewardship and Improved Project Delivery
    While the last 10 years has seen improvements in our 
national surface transportation system, in some important cases 
this progress has been too slow and costly. The committee heard 
testimony on the potential for waste and inefficiency in 
projects management. It also heard testimony about the time 
consuming process of project delivery, from right-of-way 
acquisition and utility relocation to permitting and 
environmental documentation. The committee has responded with 
measures designed to improve both overall stewardship and 
project delivery .
    SAFETEA strengthens stewardship of highway trust fund 
dollars by requiring project management plans and annual 
financial plans for Federal-aid projects above $1 billion and 
requiring annual financial plans for all projects receiving 
$100 million or more in Federal-aid. As the highway system 
ages, extensive reconstruction will be necessary. Many of these 
projects may be very large in scope and therefore will require 
careful oversight.
    SAFETEA addresses several environmental issues. The bill 
contains provisions to ease the transition for areas designated 
nonattainment under the new air quality standards. The 
transportation conformity process is changed to better align it 
with air quality planning. SAFETEA provides tools to assist new 
nonattainment areas in determining conformity. The bill also 
makes progress in streamlining the project delivery process. It 
encourages communities and project sponsors to consider 
environmental concerns earlier in the process and provides 
tools to reduce or eliminate unnecessary delays during the 
environmental review stage.

Conclusion
    The link between a robust economy and a strong 
transportation infrastructure is undeniable. The movement of 
people and goods is one of the foremost links in the creation 
of jobs and opportunities for Americans. The Department of 
Transportation estimates that every $1 billion in new Federal 
investment creates more than 47,500 jobs. Accordingly, our 
comprehensive 6-year bill at $255 billion will create 
approximately
    2 million new jobs. The committee is committed to the 
enactment of this bill, which is a crucial step in the 
continuing economic recovery.

                      Section-By-Section Analysis

                     TITLE I--FEDERAL-AID HIGHWAYS

Section 1. Short Title; Table of Contents
    This section designates the title of the bill as the ``Safe 
Accountable, Flexible, and Efficient Transportation Equity Act 
of 2003,'' and lists the table of contents

Sec. 2. General Definitions
    This section defines the terms ``Department'' as Department 
of Transportation and ``Secretary'' as the Secretary of 
Transportation for the purposes of this Act.

Sec. 3. Definitions for Title 23
    This section amends Section 101 of title 23, United States 
Code to include various refinements to existing definitions. 
New definitions for ``recreation roads'' and ``public forest 
service roads'' are added to reflect new classes of Federal 
lands highways and changes to the definitions of ``forest 
development roads and trails'' and ``forest road or trail'' to 
reflect current U.S. Forest Service definitions and a new class 
of Federal lands highways. Definitions for ``freight 
transportation gateway"; ``highway safety improvement project"; 
``territorial highway system'' and ``transportation systems 
management and operations'' are added.

                          SUBTITLE A--FUNDING

Sec. 1101. Authorization of Appropriations

                                SUMMARY

    This section authorizes sums out of the Highway Trust Fund 
(other than Mass Transit Account) for the Interstate 
Maintenance Program, National Highway System, Bridge Program, 
Surface Transportation Program, Congestion Mitigation and Air 
Quality Improvement Program, Highway Safety Improvement 
Program, Appalachian Development Highway System Program, 
Recreational Trails Program, Federal Lands Program, Multi-State 
Corridor Planning Program, Border, Planning, Operations and 
Technology Program, National Scenic Byways Program, 
Infrastructure Performance and Maintenance Program, 
Construction of Ferry Boats and Ferry Terminal Facilities, and 
the Puerto Rico Highway Program.

                               DISCUSSION

    The authorizing amounts to be appropriated to each program 
are as follows:

Interstate Maintenance.............  $5,500,000,000 for fiscal year 2004
                                     $6,300,000,000 for fiscal year 2005
                                     $6,550,000,000 for fiscal years
                                      2006, 2007, 2008, and for fiscal
                                      year 2009
National Highway System............  $6,650,000,000 for fiscal year 2004
                                     $7,650,000,000 for fiscal year 2005
                                     $7,950,000,000 for fiscal years
                                      2006, 2007, 2008, and 2009
Highway Bridge.....................  $4,700,000,000 for fiscal year 2004
                                     $5,400,000,000 for fiscal year 2005
                                     $5,600,000,000 for fiscal years
                                      2006, 2007, 2008, and 2009
Surface Transportation.............  $6,950,000,000 for fiscal year 2004
                                     $7,950,000,000 for fiscal year 2005
                                     $8,250,000,000 for fiscal years
                                      2006, 2007, 2008, and 2009
Congestion Mitigation and Air        $1,900,000,000 for fiscal year 2004
 Quality Improvement.                $2,150,000,000 for fiscal year 2005
                                     $2,225,000,000 for fiscal years
                                      2006, 2007, 2008, and 2009
Highway Safety Improvement.........  $1,200,000,000 for fiscal year 2004
                                     $1,300,000,000 for fiscal year 2005
                                     $1,350,000,000 for fiscal years
                                      2006, 2007, 2008, and 2009
Appalachian Development Highway      $590,000,000 for fiscal years 2004
 System.                              through 2009
Recreational Trails................  $60,000,000 for fiscal years 2004
                                      through 2009
Federal Lands Highway Indian         $300,000,000 for fiscal year 2004
 Reservation Roads.                  $325,000,000 for fiscal year 2005
                                     $350,000,000 for fiscal year 2006
                                     $375,000,000 for fiscal year 2007
                                     $400,000,000 for fiscal year 2008
                                     $425,000,000 for fiscal year 2009
Recreation Roads...................  $50,000,000 for each fiscal years
                                      2004 through 2009
Park Roads and Parkways............  $300,000,000 for fiscal year 2004
                                     $310,000,000 for fiscal year 2005
                                     $320,000,000 for fiscal years 2006
                                      through 2009
Refuge Roads.......................  $30,000,000 for fiscal years 2004
                                      through 2009
Public Lands Highways..............  $300,000,000 for fiscal years 2004
                                      through 2009
Safety.............................  $40,000,000 for fiscal years 2004
                                      through 2009
Multi-State Corridor Planning......  $112,500,000 for fiscal year 2004
                                     $135,000,000 for fiscal year 2005
                                     $157,500,000 for fiscal year 2006
                                     $180,000,000 for fiscal years 2007
                                     $202,500,000 for fiscal year 2008
                                     $225,000,000 for fiscal year 2009.
Border Planning, Operations, and     $112,500,000 for fiscal year 2004
 Technology.                         $135,000,000 for fiscal year 2005
                                     $157,500,000 for fiscal year 2006
                                     $180,000,000 for fiscal year 2007
                                     $202,500,000 for fiscal year 2008
                                     $225,000,000 for fiscal year 2009
National Scenic Byways.............  $34,000,000 for fiscal year 2004
                                     $35,000,000 for fiscal year 2005
                                     $36,000,000 for fiscal year 2006
                                     $37,000,000 for fiscal year 2007
                                     $39,000,000 for fiscal years 2008
                                      and 2009
Infrastructure Performance and       $2,500,000,000 for fiscal years
 Maintenance.                         2004, 2005, and 2006
                                     $2,000,000,000 for fiscal years
                                      2007 and 2008
                                     $500,000,000 for fiscal year 2009.
Construction of Ferry Boats and      $38,000,000 for fiscal years 2004
 Terminal Facilities.                 through 2009
Puerto Rico Highway................  $140,000,000 for fiscal years 2004
                                     $145,000,000 for fiscal year 2005
                                     $149,000,000 for fiscal year 2006
                                     $154,000,000 for fiscal year 2007
                                     $160,000,000 for fiscal year 2008
                                     $163,000,000 for fiscal year 2009

Sec. 1102. Obligation Ceiling
    [RESERVED]

Sec. 1103. Apportionments

                                SUMMARY

    This section makes amendments to current apportionments. It 
authorizes the appropriation of funds for the administrative 
expenses of the Federal Highway Administration and describes 
the use of these funds.

                               DISCUSSION

    This section amends the amounts authorized for 
administrative expenses, for specified programs to:

        $450,000,000 for fiscal year 2004;
        $465,000,000 for fiscal year 2005;
        $480,000,000 for fiscal year 2006;
        $495,000,000 for fiscal year 2007;
        $510,000,000 for fiscal year 2008; and
        $525,000,000 for fiscal year 2009.

    Funds authorized in this section shall be used for the 
Federal-aid highway program and programs authorized under 
chapter 2 of title 23, U.S.C.. Such sums as the Secretary 
determines to be appropriate shall be transferred to the 
Appalachian Regional Commission for administrative activities 
associated with the Appalachian Highway Development System.
    The bill increases the set-aside for metropolitan planning 
to 1.5 percent from the same programs as under TEA-21, and 
additionally, the new Highway Safety Improvement Program and 
Equity Bonus Program. An increase in funding for metropolitan 
planning is required as the 2000 Census establishes 46 new 
Metropolitan Planning Organizations (MPOs) throughout the 
country which will now be eligible for the Federal planning 
funding. This bill directs, each MPO to assume the 
responsibility for carrying out specific, costly and detailed 
Federal analysis as required under NEPA, air quality 
conformity, long range planning, Transportation Improvement 
Program planning, transportation modeling, operations, and 
public involvement. This bill further enhances metropolitan 
planning for habitat plan development, freight movement, 
transportation security, deployment of Intelligent 
Transportation Systems (ITS) including operating and managing 
traffic centers and incident management programs, and 
interacting with emergency management officials regarding 
homeland security issues.

Sec. 1104. Minimum Guarantee

                                SUMMARY

    This section replaces the Minimum Guarantee Program under 
section 105 of title 23, United States Code.

                               DISCUSSION

    The Secretary shall ensure that the percentages of 
apportionments of each State is sufficient to ensure that no 
State's percentage return from the Highway Trust Fund is less 
than 90.5 percent in each of the fiscal years 2004-2009. The 
rate of return shall include from each State, the total 
apportionments made for the fiscal year for the Interstate 
Maintenance Program, the National Highway System Program, the 
Highway Bridge Program, the Surface Transportation Program, the 
Congestion Mitigation and Air Quality Improvement Program, the 
Highway Safety Improvement Program, the Appalachian Development 
Highway System Program, the Recreational Trails Program, the 
Infrastructure Performance and Maintenance Program, the 
Metropolitan Planning Program, and the Equity Bonus Program.

Sec. 1105. Revenue Aligned Budget Authority (RABA)

                                SUMMARY

    This section changes the calculation of Revenue Aligned 
Budget Authority under section 110 of title 23, U.S.C.

                               DISCUSSION

    A new method of determining RABA is established in this 
section. This provision amends section 110 of title 23, to 
continue the RABA provision during fiscal years 2006-2009. It 
also amends section 110 to provide that if the RABA adjustment 
in a fiscal year is negative, the amount of contract authority 
apportioned to the States for that year shall be reduced by an 
amount equal to the negative RABA. Under TEA-21, negative 
adjustments were delayed until the succeeding fiscal year.

                        SUBTITLE B--NEW PROGRAMS

Sec. 1201. Infrastructure Performance and Maintenance Program (IPAM)

                                SUMMARY

    This discretionary program seeks to promote projects that 
result in immediate benefits for the highway system condition 
and performance while avoiding long-term commitments of funds 
and is a way to aid in spending down Highway Trust Fund 
balances.

                               DISCUSSION

    For activities under this section, States may obligate 
funds allocated to them under the following program categories: 
Interstate Maintenance, National Highway System, Surface 
Transportation Program, Highway Safety Improvement Program, 
Congestion Mitigation and Air Quality Improvement, and the 
Highway Bridge Program. Eligible activities include the 
preservation, maintenance, or improvement of existing highway 
infrastructure elements or operational improvements at points 
of recurring highway congestion.
    The intent of the IPAM program is to fund ready-to-go 
projects a State may undertake and complete within a short 
timeframe. A State must obligate IPAM funds within 6 months of 
the allocation or the Secretary shall withdraw the funds and 
obligation authority and redistribute the funds and authority 
to another State with the ability to obligate additional IPAM 
funds before the end of the fiscal year or they shall lapse.

Sec. 1202. Future of the Surface Transportation System

                                SUMMARY

    The Secretary is to conduct a comprehensive study of future 
transportation needs of our surface transportation system and 
its connections to freight facilities and other modes of 
transportation.

                               DISCUSSION

    Section 101 of title 23 is amended by changing the 
declaration of policy to include additional language to support 
the transportation needs of the 21st century. The Secretary 
shall conduct a complete investigation and study of the current 
conditions and the future needs of the surface transportation 
system. This section describes the specific issues to be 
addressed and in the study and requires that the study be made 
available to the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives within 4 years.

Sec. 1203. Freight Transportation Gateways; Freight Intermodal 
        Connections

                                SUMMARY

    This program promotes intermodal improvements for freight 
movement into and through nationally or regionally significant 
trade transport gateways, ports, and hubs, including 
improvements to intermodal connectors.

                               DISCUSSION

    States shall create a freight transportation coordinator 
position to coordinate public and private collaboration in 
developing regional solutions to freight transportation and 
freight gateway problems. States are directed to ensure that 
intermodal freight transportation needs are integrated into the 
project development process, including transportation planning.
    The intent of these provisions is to direct use of Federal-
aid dollars: (1) for intermodal freight movement to relieve 
congestion related to existing (and future) high levels of 
truck traffic at major gateways and hubs; and (2) to encourage 
adoption of new financing strategies to leverage State, local, 
and private investment in freight transportation gateways; and 
(3) to increase economic efficiency by facilitating the 
movement of goods. This section also makes intermodal freight 
projects eligible for NHS and STP and directs each State to 
set-aside not less than 2 percent of its annual NHS 
apportionment to carry out this section.

Sec. 1204. Construction of Ferry Boats and Ferry Terminal Facilities

                                SUMMARY

    The Secretary shall carry out a program for the 
construction of ferry boats and ferry facilities in accordance 
with section 129(c).

                               DISCUSSION

    SAFETEA continues the authorization of $38,000,000 for each 
of fiscal years 2004 through 2009 for ferry boats and ferry 
terminal facilities. In addition, the Secretary shall set-aside 
$20,000,000 from the National Highway System for the 
construction or refurbishment of ferry boats and ferry 
terminals, the acquisition of zero or low-emission boats and 
the construction of approaches to facilities located in the 
marine highway systems that are part of the Nation Highway 
System (i.e., ``last mile'' connections).

Sec. 1205. Designation of Daniel Patrick Moynihan Interstate Highway

                                SUMMARY

    This section designates Interstate Highway 86 in the State 
of New York as the Daniel Patrick Moynihan Interstate Highway.

                          SUBTITLE C--FINANCE

Sec. 1301. Federal Share

                                SUMMARY

    This section amends section 120(b) of title 23, U.S.C., 
which determines the increased Federal share applied to certain 
Federal-aid highway projects. The sliding scale established in 
section 120(b) of title 23, U.S.C. is modified to simplify the 
calculation used to determine the rates for each State. The 
sliding scale allows those States with higher percentages of 
Federal lands to increase their Federal share derived from a 
specific formula. States may voluntarily increase their share 
on Federal-aid projects, which may in effect decrease the 
Federal share.

                               DISCUSSION

    The amended provision directs the Department to create a 
table using the criteria currently listed in 120 (a) and (b) 
with the exception that States are no longer required to have 
an agreement. Use of this table by States with higher 
percentages of Federal lands, allows those States the highest 
Federal share possible and gives them maximum flexibility in 
determining the appropriate Federal share.
Sec. 1302. Transfer of Highway and Transit Funds

                                SUMMARY

    This section clarifies and authorizes the transferability 
of funds from the Highway Trust Fund.

                               DISCUSSION

    This provision clarifies that title 23 funds may be 
transferred by the Secretary to the Federal Transit 
Administration for other than a transit capital project, 
provided such project is eligible for title 23 assistance.
    This section also allows funds derived from the HTF to be 
transferred, at the request of a State, to another State or 
States or to a Federal agency provided that they are expended 
on title 23 eligible projects.
    An equal amount of obligation authority is transferred with 
funds transferred from one State to another State. Funds may 
only be used for the same purpose and in the same manner for 
which they were authorized.

Sec. 1303. Transportation Infrastructure Finance and Innovation Act 
        (TIFIA) Amendments

                                SUMMARY

    This section makes amendments to the TIFIA program under 
sections 181 through 189 of title 23, U.S.C.

                               DISCUSSION

    The change to section 181(8)(D), as redesignated, expands 
the definition of freight-related projects eligible for TIFIA 
assistance. The provision also allows for a group of such 
related projects to be eligible, each of which individually 
might not meet the threshold requirements to apply for TIFIA 
credit assistance.
    The change to section 182(a)(1) clarifies the provision 
regarding statewide and metropolitan planning requirements. The 
existing provision contained language that could be 
misinterpreted to constrain TIFIA assistance in the case of a 
project with a construction timetable that extended beyond the 
typical 3-year approved State Transportation Improvement 
Program (STIP).
    The changes to section 182(a)(3) lowers the threshold cost 
for eligible projects to $50 million and allows a project to be 
eligible when project costs are anticipated to equal or exceed 
20 percent of the Federal highway funds apportioned to that 
State in the most recently completed fiscal year.
    The change to section 183(a)(4) codifies current regulation 
requiring a project's senior obligations to receive an 
investment-grade rating in order to execute a secured loan 
agreement.
    The changes to section 184(b)(4) conform the interest rate 
setting mechanism for the line of credit with that for secured 
loans. This change allows the Department to execute both 
agreements on the same date at the same interest rate if a 
borrower utilizes both a secured loan and a line of credit for 
the same project.
    Section 188(a)(2) allows all collected fees to be available 
to the Secretary without further appropriation to carry out 
this section.
    The Administrative costs authorized in 188(a)(3) for this 
section are not more than $2,000,000 for each fiscal year 2004 
through 2009.

Sec. 1304. Facilitation of International Registration Plans and 
        International Fuel Tax Agreements

                                SUMMARY

    This section allows the Secretary to provide assistance to 
States to help with administrative needs resulting from their 
service as a home jurisdiction for motor carriers from Mexico.

                               DISCUSSION

    The International Fuel Tax Agreement (IFTA) and the 
International Regional Plan (IRP) are agreements various US 
States and Canadian Provinces have that facilitate the 
efficient collection and distribution of fuel use taxes and 
apportioned registration fees among each member jurisdiction.
    Under both programs, each motor carrier designates its home 
State or Province as the jurisdiction responsible for 
collecting fuel use taxes and fees. Since the implementation of 
NAFTA, the Mexican government imposes and collects fuel taxes 
and registration fees differently from the US and Canada. The 
National Governors Association is currently evaluating Mexico 
and its participation in the IFTA and IRP programs. In the 
interim, Mexican motor carriers may use individual US States or 
Canadian Provinces as their home jurisdiction.

Sec. 1305. National Commission on Future Revenue Sources to Support the 
        Highway Trust Fund and Finance the Needs of the Surface 
        Transportation System

                                SUMMARY

    This section establishes a National Commission to conduct a 
comprehensive study of the alternatives to replace or 
supplement the fuel tax as the principal sources to support the 
Highway Trust Fund and suggest new or alterative sources of 
revenue to fund the needs of the surface transportation system 
over at least the next 30 years.

                               DISCUSSION

    The commission is required to provide in-depth information 
on the timing and magnitude of potential revenue needs and 
factors that must be considered in implementing any policy 
alternatives. The study shall examine the following factors: 1) 
the affects of each major tax that goes into the HTF; 2) the 
ability to increase taxes if there are revenue shortfalls; and 
3) potential new sources of revenue to support highway, 
transit, and other surface transportation programs.

Sec. 1306. State Infrastructure Banks

                                SUMMARY

    This section amends 1511(b)(1)(A) of TEA-21, which named 
the following States: Missouri, Rhode Island, California, and 
Florida. This change extends the program to any State that 
seeks to establish a State infrastructure bank.

                               DISCUSSION

    SAFETEA reauthorizes the State Infrastructure Bank (SIB) 
program under which all States are authorized to enter into 
cooperative agreements with the Secretary to set up 
infrastructure revolving funds eligible to be capitalized with 
Federal transportation funds authorized for the fiscal year 
2004-2009 period.
    The SIB program gives States the capacity to increase the 
efficiency of their transportation investment and significantly 
leverage Federal resources by attracting non-Federal public and 
private investment. The program provides greater flexibility to 
the States by allowing other types of project assistance in 
addition to the traditional reimbursable grant.
    SIBs provide various forms of non-grant assistance to 
eligible projects, including at or below-market rate 
subordinate loans, interest rate buy-downs on third party 
loans, and guarantees and other forms of credit enhancement. 
Any debt that the SIB issues or guarantees must be of 
investment grade caliber.

                           SUBTITLE D--SAFETY

Sec. 1401. Highway Safety Improvement Program

                                SUMMARY

    This program authorizes a new core Federal-aid funding 
program for the Highway Safety Improvement Program (HSIP) in 
section 148 of title 23.

                               DISCUSSION

    The committee heard compelling testimony that further 
progress was needed to protect the safety of the traveling 
public. While the rate of highway fatalities has decreased in 
recent years, the number has held steady at nearly 42,000 per 
year. In response, the committee has elected to create its only 
new core program, the Highway Safety Improvement Program, and 
apportion funds to the States for the new program. Recognizing 
that needs and circumstances vary in each State, the committee 
has sought to provide flexibility to the States on how the new 
program funds are spent. To ensure that such flexibility is 
well applied, the committee will require each State to develop 
a safety plan and restrict spending under the program to 
projects or activities arising from that plan.
    Section 133 of title 23, is amended by eliminating the 
current provision that requires States to set-aside a minimum 
of 10 percent of Surface Transportation Program funds for 
safety programs. Section 148 is subject to three set-asides: 1) 
$200,000,000 for the installation of protective devices and 
elimination of hazards at railway-highway crossings; 2) 
$70,000,000 for the Safe Routes to Schools program under 
section 150 of title 23; and 3) $600,000 for Operation 
Lifesaver.
    Section 1401 eliminates the Hazard Elimination Program 
under section 152 of title 23, and incorporates it into 23 
U.S.C. 148, the new HSIP. Additional categories eligible for 
funding under this section have been added to what is currently 
eligible under subsection (f) and (g) of section 152, title 23.
    The HSIP directs State transportation departments to 
establish and implement a State strategic highway safety plan 
in their State. After a transition period, in order to receive 
funds for this program, States must have a process in place to 
analyze highway safety problems and opportunities and to 
produce strategies to mitigate identified safety problems.
    States that have developed a strategic highway safety plan 
are also permitted to use up to 25 percent of their section 148 
funds on safety projects carried out under any other section of 
title 23 as long as the project is consistent with the State's 
strategic highway safety plan.
    The development of a strategic highway safety plan does not 
require changes in existing planning processes, plans, or 
programs of other State transportation or highway safety 
agencies.

Sec. 1402. Operation Lifesaver

                                SUMMARY

    This section increases the funding level for Operation 
Lifesaver from $500,000 to $600,000 for each fiscal year and 
moves the source of funding from the Surface Transportation 
Program to section 148, the Highway Safety Improvement Program.

Sec. 1403. License Suspension

                                SUMMARY

    Section 164(a)(3) of title 23 is amended by inserting a new 
definition for license suspension.

                               DISCUSSION

    Safety advocates have found that repeat offenders, who have 
had their license suspended, will often illegally drive during 
expended periods of license suspension. Upon recommendation of 
safety advocates, the committee has amended the definition of 
license suspension to assist States in addressing this problem.
    The term license suspension will now mean the suspension of 
all driving privileges of an individual for the duration of the 
suspension period; or the combination of suspension of all 
driving privileges of an individual for the first 90 days of 
the suspension period, followed by reinstatement of limited 
driving privileges only when the individual operates a motor 
vehicle equipped with an ignition interlock system or other 
device approved by the Secretary during the remainder of the 
suspension period.

Sec. 1404. Bus Axle Weight Exemption

                                SUMMARY

    This section amends section 127 of title 23, relating to 
axle weight limitations for vehicles using the Interstate 
System.

                               DISCUSSION

    This section amends section 127 of title 23 to exempt any 
over-the-road bus (as defined in section 301 of the Americans 
With Disabilities Act of 1990) or any vehicle that is regularly 
and exclusively used as an intrastate public agency transit 
passenger bus using the National System of Interstate and 
Defense Highways from the maximum gross weight limitations 
imposed by any State.

Sec. 1405. Safe Routes to Schools Program

                                SUMMARY

    This section creates a new Safe Routes to Schools Program, 
section 150 of title 23. The Secretary shall establish and 
carry out a safe routes to schools program for the benefit of 
children who walk and bicycle to school.

                               DISCUSSION

    Before apportioning amounts to carry out section 148 for a 
fiscal year, the Secretary shall set-aside $70,000,000 to carry 
out this section. The Secretary shall distribute these funds 
using the formula established in section 148. The purposes of 
this program shall be to enable and to encourage children to 
walk and bicycle to school, to encourage a healthy and active 
lifestyle by making walking and bicycling to school safer and 
more appealing transportation alternatives, and to facilitate 
the planning, development, and implementation of projects and 
activities that will improve safety in the vicinity (within two 
miles ) of primary and secondary schools.

Sec. 1406. Purchases of Equipment

                                SUMMARY

    Section 152 of title 23 is amended to require that States 
or other entities carrying out a project funded under this 
section, analyze the savings associated with purchasing versus 
renting equipment. This section applies to any equipment priced 
in excess of $75,000 and aerial work platforms in excess of 
$25,000.

Sec. 1407. Workzone Safety

                                SUMMARY

    This section attempts to minimize injuries and fatalities 
in workzones by imposing insurance requirements and requiring 
the use of ITS technologies and safety budgeting.

                               DISCUSSION

    Section 358(b) of the National Highway System Designation 
Act of 1995 is amended to direct the Secretary to further 
encourage safety measures on federally assisted projects above 
a specified cost threshold. This section also directs the 
Secretary to encourage the letting of contracts with 
contractors that carry general liability insurance in an amount 
not less than $15,000,000. Projects costing more than 
$15,000,000 are also required to include continuously monitored 
workzone intelligent transportation systems. All federally 
funded projects must also fully fund at least 5 percent of the 
project costs for workzone safety and temporary traffic control 
measures.
    The committee is concerned about the growing number of 
facilities and injuries in roadway construction workzones. In 
an effort to help reduce this clear public problem, the 
committee encourages the use of ``Unit-Bid Pricing'' in 
Federal-aid highway contracts for costs related to motorist and 
roadway construction worker safety, including installation and 
maintenance of traffic control devices, utilization of law 
enforcement personnel, and the creation of positive separation 
between workers and motorists.
Sec. 1408. Worker Injury Prevention and Free Flow of Vehicular Traffic

                                SUMMARY

    This section directs the Secretary to promulgate 
regulations requiring workers near a Federal-aid highway to 
wear high-visibility clothing, and to require any other worker-
safety measures that the Secretary deems necessary to minimize 
worker injuries and maintain the free flow of vehicular 
traffic.

             SUBTITLE E--ENVIRONMENTAL PLANNING AND REVIEW

    Chapter 1 Transportation Planning

Sec. 1501. Integration of Natural Resource Concerns Into State and 
        Metropolitan Transportation Planning

                                SUMMARY

    This section amends 23 U.S.C. 134(f) and 135(c) to add 
factors that may be considered during the transportation 
planning process. It also gives States and metropolitan 
planning organizations (MPOs) the flexibility to determine, 
after soliciting and considering comment from the public, which 
of the specific factors are most appropriate for the State or 
metropolitan area to consider. Current language in the statute 
that bars court review of failure to consider specified 
planning factors is retained.

                               DISCUSSION

    Current law requires the planning process to provide for 
consideration of projects and strategies that will, among other 
things, protect and enhance the environment and improve the 
quality of life. The items added by section 1501 provide 
planners with more direction as to what those concepts mean, 
but do not constitute a checklist with every item requiring 
consideration by every State and MPO. Instead, the legislation 
allows each State and MPO to decide which specific factors are 
appropriate for consideration. Early identification of 
potential environmental concerns may help reduce or avoid 
delays during environmental review. The Secretary is given no 
authority to review, for purposes of planning certification, 
the determination of appropriate factors made by a State or 
MPO.

Sec. 1502. Consultation Between Transportation Agencies and Resource 
        Agencies in Transportation Planning

                                SUMMARY

    This section amends 23 U.S.C. 134(g) and 135(e) to require 
MPOs and States to consult with various other agencies when 
developing the long range transportation plan. Consultation 
shall include comparison of the transportation plan to 
conservation plans or maps and inventories of natural or 
historic resources (if such plans, maps or inventories are 
available) or consideration of areas where wildlife crossing 
structures may be needed. The section also requires that the 
long range plan include a discussion of potential habitat, 
hydrological, and environmental mitigation activities that may 
assist in compensating for loss of habitat, wetlands and other 
environmental functions, including areas that may have the 
greatest potential to restore and maintain the habitat types 
and hydrological and environmental function affected by the 
plan.

                               DISCUSSION

    The requirement for transportation planners to consult with 
appropriate resource agencies to compare transportation plans 
with available State conservation plans or maps and available 
inventories of natural or historic resources, as well as to 
identify areas where wildlife crossing structures may be 
needed, will help planners to identify and potentially avoid or 
minimize impacts of transportation projects on these resources 
and thereby facilitate more efficient environmental reviews of 
individual projects. However, for various reasons including 
financial constraints, State conservation plans or maps or 
inventories of natural or historic resources do not exist in 
many areas. This legislation does not require the creation of 
such plans, maps, or inventories. Consideration of areas where 
wildlife crossing structures may be needed is required only 
with respect to transportation programs and strategies for the 
future. A review of the current infrastructure is not required. 
The discussion of potential mitigation activities and areas in 
which to carry out those activities is intended to encourage 
States to think strategically, particularly for habitat and 
wetlands mitigation. The level of detail of this discussion 
should correspond to the level of detail contained in the rest 
of the plan. For example, a conceptual transportation plan may, 
but is not required to, include specific size or location 
details that would generally be determined during the 
environmental review stage.

Sec. 1503. Integration of Natural Resource Concerns Into Transportation 
        Project Planning

                                SUMMARY

    This section amends 23 U.S.C. 109(c) to direct the 
Secretary to consider two documents regarding context sensitive 
design when developing criteria for project design. The current 
provision for consideration of ``A Policy on Geometric Design 
of Highways and Streets'' is retained.

                               DISCUSSION

    Context sensitive design involves consideration of the 
environmental context of a project and encourages design that 
minimizes impacts on the project's surroundings. Adding context 
sensitive design principles to the current design criteria will 
give transportation officials the flexibility to adjust to the 
characteristics of each specific location while still ensuring 
sound engineering and safety measures.

Sec. 1504. Public Involvement in Transportation Planning and Projects

                                SUMMARY

    This section amends 23 U.S.C. 134(g) and 135(e) to provide 
that States and MPOs improve public involvement in the planning 
process. To the maximum extent practicable, States and MPOs 
shall hold any public meetings at convenient and accessible 
locations and times, employ visualization techniques, and 
provide for publication of publicly available planning 
materials in electronically accessible formats, such as the 
worldwide web.

                               DISCUSSION

    Use of advancing technology to publish plans and better 
articulate potential benefits and impacts of transportation 
plans will improve community awareness during the planning 
process. Early identification of community concerns may help 
reduce or avoid delays during the environmental review stage. 
MPOs, particularly small MPOs, and States have limited 
resources to apply toward meeting numerous planning 
requirements. Therefore, each MPO and State should use its own 
discretion in allocating resources for improved utilization of 
technology.

Sec. 1505. Project Mitigation

                                SUMMARY

    This section amends chapter I of title 23, U.S.C., to allow 
States to establish habitat, streams, and wetlands mitigation 
funds for efforts related to those activities. States are 
allowed to deposit Surface Transportation Program and National 
Highway System dollars into the funds. States may use the funds 
for habitat, streams, or wetlands mitigation related to a 
project or projects funded under title 23. In selecting sites 
for mitigation efforts, States should give preference to sites 
with the greatest potential to restore and preserve habitat and 
conserve biodiversity.

                               DISCUSSION

    Federal and State environmental laws may often require 
habitat, stream or wetland mitigation to compensate for adverse 
environmental impacts that may result from transportation 
projects. For example: 1) compliance with the Endangered 
Species Act may require habitat mitigation as a reasonable and 
prudent measure necessary to minimize the impact on listed 
endangered or threatened species; 2) compliance with the Clean 
Water Act may require stream mitigation in order to obtain 
water quality certification from the State under Section 401; 
3) section 404 of the Clean Water Act requires permits for the 
discharge of dredged or fill material into navigable waters, 
which may require mitigation of wetlands.
    The State Mitigation Fund is a planning and project 
management tool available to States to provide additional 
flexibility and certainty in meeting mitigation requirements 
mandated by other environmental laws. In addition, States may 
use the mitigation funds to undertake larger mitigation efforts 
based on the total impacts of multiple projects rather than 
project by project mitigation, enabling States to more 
effectively plan for and provide the mitigation that is or 
likely will be required for transportation projects under other 
environmental laws.

         CHAPTER 2--TRANSPORTATION PROJECT DEVELOPMENT PROCESS

Sec. 1511. Transportation Project Development Process

                                SUMMARY

    Section 1511, subsection (a), creates a new section 326 of 
title 23, U.S.C., which authorizes the use of and sets forth a 
process for agencies to prepare environmental review documents, 
studies, approvals, and permits required by Federal law for 
approval of a transportation project.
    Section 326(a) defines, for purposes of the section, the 
terms agency, environmental impact statement, environmental 
review process, project, project sponsor, and State 
transportation department.
    Subsection (b) establishes the Department as the lead 
agency and allows the process laid out in this section to be 
used by the lead agency either at the request of the project 
sponsor or with the concurrence of the project sponsor; (c) 
lists the responsibilities of the lead agency; and (d) sets out 
the responsibilities of the cooperating agencies.
    Section 326(e) directs the lead agency to develop a 
coordination plan, which shall include a workplan and a 
schedule. Default deadlines are included in the case of the 
collaborative process failing to establish comment deadlines. 
Subsections (f) and (g) describe the process for developing the 
project purpose and need and alternatives, respectively. 
Current standards are left unchanged, but opportunity for 
public comment is specifically provided.
    Section 326(h) sets out a process for resolving inter 
agency disputes that arise during the environmental review 
process; (i) directs the Secretary to establish a program to 
measure and report progress toward improving and expediting the 
planning and National Environmental Policy Act (NEPA) review 
process; and (j) continues authority for the Secretary to 
provide funds to other agencies to assist them in carrying out 
the environmental review process for a project.

                               DISCUSSION

    Section 1309 of TEA-21 directed the Secretary of 
Transportation to ``develop and implement a coordinated 
environmental review process for highway construction and mass 
transit projects.'' To date, regulations implementing section 
1309 have not been issued. Section 1511 of this legislation 
replaces section 1309 of TEA-21 and is intended to facilitate 
faster and more efficient completion of transportation projects 
without diminishing environmental protections contained in law.
    The process established is for complying with current 
environmental laws, it does not amend or override any current 
law. As in TEA-21, agencies are encouraged to conduct their 
reviews, analyses, and studies concurrently with the review 
required under the NEPA. Under this process, interested parties 
will be involved in the earlier stages of the review required 
under the NEPA.
    The Department, as the lead agency, will be responsible for 
identifying and inviting cooperating agencies; developing an 
agency coordination plan, including a workplan and a schedule; 
and determining the purpose and need of a project and the 
alternatives to be considered. Whereas current practice 
involves cooperating agency designations for only those few 
agencies that will play a major role in reviewing the project, 
this process expands the meaning of the term to include all 
agencies that have an interest in or special expertise 
regarding the project or its potential impacts.
    Public involvement is also enhanced under this process. In 
addition to leaving unchanged any current opportunities for 
public comment, this process includes new opportunity for 
public comment during the determination of project purpose and 
need and selection of alternatives to be considered.
    Finally, the legislation leaves unchanged the authorization 
from TEA-21 for States to use their Federal transportation 
dollars as assistance to resource agencies in order to expedite 
resource agency activities in the environmental review process.

Sec. 1512. Assumption of Responsibility for Categorical Exclusions

                                SUMMARY

    Section 1512 gives the Secretary authority to assign and a 
State the ability to assume the Secretary's responsibility for 
processing the environmental review for projects classified as 
categorical exclusions under current Council on Environmental 
Quality regulations.

                               DISCUSSION

    Categorical exclusions (CEs), according to current Council 
on Environmental Quality regulations, are projects that ``do 
not individually or cumulatively have a significant effect on 
the human environment''. Approximately 90 percent of all 
surface transportation projects are processed as CEs. So, while 
CEs take significantly less time to prepare than environmental 
impact statements, a slight improvement in processing time for 
each CE can result in a large improvement system wide.

Sec. 1513. Surface Transportation Project Delivery Pilot Program

                                SUMMARY

    This section establishes a pilot program for not more than 
five States to assume the Secretary's responsibility for 
environmental review for a project. This delegation does not 
extend to conformity determinations, planning requirements, or 
rulemaking authority. Delegation of the Secretary's 
responsibility to a State shall be governed by a written 
agreement between the Secretary and the State. To ensure 
compliance by a State, the Secretary shall conduct periodic 
audits for each State participating in the program. The public 
shall have opportunity to comment prior to the submission of a 
State's application to participate in the pilot program and 
following an audit of compliance with the agreement.

                               DISCUSSION

    The legislation includes a 5-State pilot program (including 
a pilot for the State of Oklahoma) for delegation of certain of 
the Secretary's environmental review responsibilities for 
transportation projects within the pilot State. The pilot 
program is intended to provide information to the committee and 
to the public as to whether delegation of the Secretary's 
environmental review responsibilities will result in more 
efficient environmental reviews that are performed according to 
the same procedural and substantive requirements as would apply 
if the Secretary were conducting the reviews.

Sec. 1514. Regulations
    This section directs the Secretary to promulgate within 1 
year regulations necessary to carry out chapters 1 and 2 of the 
subtitle.

                        CHAPTER 3--MISCELLANEOUS

Sec. 1521. Critical Real Property Acquisition

                                SUMMARY

    This section enables States to use Federal funds to acquire 
expeditiously a limited number of parcels that may be needed 
for future transportation purposes and are threatened by future 
economic development. The early acquisition maintains viable 
transportation options and provides the States with an 
opportunity to reserve future alignment alternatives while 
allowing timely and cost-saving acquisitions.

                               DISCUSSION

    This section provides that, in limited circumstances and 
with the Secretary's approval, State may use title 23 funds to 
cover costs incurred in acquiring parcels of real property, 
considered to be critical for any project proposed for title 23 
funding, prior to the completion of environmental reviews for 
property acquisition. Environmental reviews and approvals are 
required before physical construction, demolition, or clearing 
can occur. States cannot retain the Federal-aid share of the 
proceeds if a parcel is sold or leased.
    Prior to the acquisition approval, the Secretary must 
determine that the property is offered for sale on the open 
market and that acquisition is critical because the property 
value is increasing significantly, there is imminent threat of 
development of the property, and the property is necessary for 
implementation of the project's stated goals.

Sec. 1522. Planning Capacity Building Initiative

                                SUMMARY

    This section establishes a planning capacity building 
initiative to strengthen metropolitan and statewide 
transportation planning under this title and under Chapter 52 
of title 49, and to enhance Tribal capacity to conduct joint 
transportation planning under Chapter 2 of title 23.

                               DISCUSSION

    Priority shall be given to planning practices and processes 
that support the transportation elements of homeland security 
planning, performance based planning, safety planning, 
operations planning, freight planning, and integration of 
environment and planning. The Federal Highway Administration, 
in cooperation with the Federal Transit Administration, will 
administer the initiative.

                        SUBTITLE F--ENVIRONMENT

Sec. 1601. Environmental Restoration and Pollution Abatement; Control 
        of Invasive Plant Species and Establishment of Native Species

                                SUMMARY

    This section amends title 23 to establish eligibility for 
environmental restoration and pollution abatement, and invasive 
species. The section makes eligible the use of NHS and STP 
funds for activities under this section.

                               DISCUSSION

    Section 165 establishes the eligibility for environmental 
restoration and pollution abatement and authorizes the use of 
funds for projects, including retrofitting and construction of 
stormwater treatment systems to meet Federal and State 
requirements under sections 410 and 402 of the Federal Water 
Pollution Control Act, which will address water pollution or 
environmental degradation caused wholly or partially by a 
transportation facility. The expenditure of funds is limited to 
20 percent of the total cost of an ongoing reconstruction, 
rehabilitation, resurfacing or restoration project.
    Current law allows a State to use STP funds for 
environmental restoration and pollution abatement projects 
(including the retrofit or construction of stormwater treatment 
systems) to address water pollution or environmental 
degradation caused or contributed to by transportation 
facilities. As amended, the use of STP funds is now extended 
and the use of NHS funds is now authorized for these projects, 
as well as mitigation projects related to Federal highways but 
not limited to those currently undergoing reconstruction, 
rehabilitation, resurfacing or restoration.
    Section 166 establishes provisions for the control of 
invasive plant species and the establishment of native plant 
species. Activities to control exotic and invasive plant 
species or to establish native species may be carried out in 
advance, concurrently with, or following project construction. 
Activities carried out in advance of projects are allowed if 
such measures are consistent with Federal law and State 
transportation planning processes.

Sec. 1602. National Scenic Byways Program

                                SUMMARY

    This section amends section 162 of title 23, the National 
Scenic Byways Program. The Secretary shall allocate 
$220,000,000 for fiscal years 2004 through 2009.

                               DISCUSSION

    Section 162 of title 23 is amended to recognize that the 
Secretary already is promoting the collection of National 
Scenic Byways and All-American Roads as ``America's Byways.'' 
If State and byway representatives reach consensus on 
establishing a single designation category, then these 
amendments will provide the Secretary with the authority to use 
any of the three terms National Scenic Byways, All-American 
Roads, or America's Byways as the single designation.
    A new subsection is added to authorize the Secretary to 
form public-private partnerships to carry out technical 
assistance, marketing, market research, and promotion with 
respect to National Scenic Byways, All-American Roads, or 
America's Byways. The National Scenic Byways and All-American 
Roads currently are promoted collectively as America's Byways. 
The Secretary may use not more than $2,000,000 for each fiscal 
year made available under this section to carry out projects 
and activities under this subsection.

Sec. 1603. Recreational Trails Program (RTP)

                                SUMMARY

    This section allows funds to be used to provide and 
maintain recreational trails for motorized and nonmotorized 
recreational trail uses.

                               DISCUSSION

    The changes in section 206 of title 23 amend the 
permissible uses of funds apportioned to States under this 
program. Eligible categories are added to permit trail 
assessment for accessibility and maintenance, and to hire trail 
crews or youth conservation or service corps to perform 
recreational trails activities. Non-law enforcement trail 
safety and trail use monitoring patrols, and trail related 
training are now activities eligible for RTP educational funds. 
However, funds provided under this program are not intended to 
support routine law enforcement.
    Under this section, pre-approval planning and environmental 
compliance costs may be credited toward the non-Federal share 
for RTP projects, limited to costs incurred less than 18 months 
prior to project approval.
    Since projects in this section are much smaller than 
typical highway projects, this program is relieved of several 
requirements, which, while appropriate for large highway 
projects, are excessively burdensome for small trail projects. 
RTP projects are not subject to sections 112, 114, 116, 134, 
135, 138, 217, and 301, of title 23 and section 303 of title 
49.

Sec. 1604. Exemption of Interstate System

                                SUMMARY

    This section establishes an exemption for the Interstate 
System from consideration under section 303 of title 49 and 
section 138 of title 23, regardless of whether the Interstate 
System or portions of the System may be listed on or eligible 
for the National Register of Historic Places. A portion of the 
Interstate System that possesses an independent feature of 
historic significance, such as a bridge or an architectural 
feature, shall be considered an historic site under section 303 
of title 49 and section 138 of title 23, as applicable.

Sec. 1605. Standards

                                SUMMARY

    This section amends section 109 of title 23, Standards. The 
changes to section 109 are made to place greater emphasis on 
the need to consider preservation of human and natural 
resources as a part of the decisionmaking process in developing 
highway projects.

                               DISCUSSION

    Consideration of the impacts of highway projects has been 
part of the design process for many years. However, the 
transportation community, the traveling public, and local 
communities have demanded improvements in project delivery and 
in the make-up of the product that is delivered. Compatibility 
with the surrounding context, or environment, and improved 
safety for the motorist and the pedestrian are critical. The 
changes to this section address the need to see that highway 
projects meet all of these goals by having a project sponsor 
consider community preservation and community concerns.
    This section also directs the Secretary to ensure that the 
plans and specifications for proposed highway projects have 
considered preservation, historic, scenic, natural environment, 
and community values.

Sec. 1606. Use of High-Occupancy Vehicle (HOV) Lanes

                                SUMMARY

    This section amends section 102(a) of title 23 to clarify 
existing law and provide more flexibility to State and local 
agencies for effective management of HOV facilities.

                               DISCUSSION

    This section identifies the types of vehicles that are 
exempt from meeting the minimum occupancy requirements for HOV 
facilities. This provision also identifies the possible options 
that responsible agencies may select from and use as 
operational strategies to maximize the use of existing and 
planned future HOV facilities and highway capacity, mitigate 
congestion, and reduce fuel consumption.
    1) Motorcycles shall not be considered single-occupant 
vehicles and shall be
    allowed to use HOV facilities, consistent with the 
provisions of section 163 of the Surface Transportation 
Assistance Act of 1982.
    2) Responsible agencies may allow low-emission and energy-
efficient vehicles to use HOV facilities provided that the 
agency: creates a program that defines how such qualifying 
vehicles are selected and certified; establishes a method to 
label qualifying vehicles; continuously monitors, evaluates, 
and reports to the
    Secretary on performance; and imposes restrictions on the 
use of HOV lanes by vehicles that do not meet established 
requirements.
    3) Responsible agencies are provided with the option of 
charging vehicles a toll for the use of an HOV facility if 
these vehicles do not meet the minimum occupancy requirements, 
and if the requirements of section 129 of title 23 are met.
    This section also identifies the associated provisions that 
must be followed when establishing a program that addresses how 
vehicles can enroll and participate, and the other required 
provisions that must be satisfied.

Sec. 1607. Bicycle Transportation and Pedestrian Walkways

                                SUMMARY

    This section makes minor amendments to section 217 of title 
23.

                               DISCUSSION

    These changes explicitly allow the use of STP and CMAQ 
funds for non-construction pedestrian safety programs whereby 
current law only mentions bicycle safety. It also explicitly 
mentions pedestrian use on bridges, whereby current law only 
mentions bicycle use.
    The current practice of charging user fees for shared-use 
paths is now explicitly allowed. The fees collected by a State 
must be used for maintenance and operation of shared use paths 
within the State. This provision restricts the application of a 
user fee to shared-use paths not within a highway right-of-way 
and prohibits extension of user fees to sidewalks or bicycle 
lanes.
    In order to address concerns regarding bicycle and 
pedestrian safety, the national bicycle and pedestrian 
clearinghouse first authorized in section 1212(i) of TEA-21 is 
reauthorized. A new subsection (j) provides funding and 
contract authority for these safety efforts for fiscal years 
2004 through 2009.
    This section also provides that the bicycle and safety 
grants are to be funded by a set-aside from the Surface 
Transportation Program.

Sec. 1608. Idling Reduction Facilities in Interstate Rights-of-Way

                                SUMMARY

    This section creates an exception to the prohibition on the 
placement of commercial establishments in rest and recreation 
areas, and in safety rest areas, constructed or located on 
rights-of-way of the Interstate System.

                               DISCUSSION

    The purpose of this exception allows States (either 
directly or through contracts) to place electrification or 
other idling reductions facilities in rest areas that can be 
used to provide heating, air conditioning, electricity, and 
communication to motor vehicles used for commercial purposes. 
Through these facilities, operators of such motor vehicles are 
able to receive these services without turning on their 
engines, thereby reducing vehicle emissions. States, other 
public agencies, and private entities that are already allowed 
to operate on the Interstate System, may charge for the 
services provided under this authority.

Sec. 1609. Toll Programs

                                SUMMARY

    This section modifies the Interstate System Reconstruction 
and Rehabilitation Program and establishes a new Variable Toll 
Pricing Program. The Interstate System Reconstruction and 
Rehabilitation Pilot Program, established in TEA-21, is amended 
to ease the eligibility criteria for participation in the pilot 
program. The Variable Toll Pricing Program that replaces the 
Value Pricing Pilot Program under TEA-21.

                               DISCUSSION

    The change to the Interstate System Reconstruction and 
Rehabilitation Program modifies the financial analysis to 
require that the State demonstrate that financing the 
improvements through tolls is the most efficient, economical, 
or expeditious way to advance the project.
    This section also establishes a variable toll pricing 
program to enable the use of variable toll pricing on congested 
facilities in order to increase mobility and improve air 
quality.
    The Secretary may permit a State or public authority to 
toll any highway, bridge, or tunnel, including facilities on 
the Interstate System, to manage high levels of congestion or 
reduce emissions in a nonattainment area or maintenance area.
    To be eligible to participate in this program, a State must 
provide to the Secretary a description of the congestion and 
air quality problems to be addressed and the goals to be 
achieved.
    This section also permits any State or public authority 
currently operating under the authority of a cooperative 
agreement developed under the value pricing pilot program from 
TEA-21 to continue operating under the terms of that agreement 
and states that any State or public authority shall be allowed 
to continue tolling under that authority.

Sec. 1610. Federal Reference Method

                                SUMMARY

    This section directs EPA to conduct a study of the ability 
of monitors to differentiate particulate matter larger than 2.5 
micrometers in diameter (coarse particulate matter). EPA is 
also directed to develop a method to measure directly the 
amount and composition of coarse particulate matter.

                               DISCUSSION

    This section directs EPA to conduct a study of the ability 
of monitors to differentiate particulate matter larger than 2.5 
micrometers in diameter (coarse particulate matter). This study 
will give policymakers and the agency a better understanding of 
the difficulties involved in distinguishing particles that are 
smaller than 2.5 micrometers in size from those that are 
larger. This knowledge will assist policymakers by minimizing 
the potential of measurements to either inflate or deflate the 
quantity of smaller particles, or to inflate or deflate the 
quantity of larger particles.
    EPA is also directed to develop a method to measure 
directly the amount and composition of coarse particulate 
matter. This will ensure that EPA has the tools necessary so 
that it does not need to rely on a methodology for measuring 
coarse particles (2.5 to 10 microns in size) by measuring all 
particles (up to 10 microns in size) and subtracting fine 
particles (2.5 microns or less in size), as this subtraction 
method may increase the probability of measurement error. EPA 
is also directed to develop a method to measure different kinds 
of particles. By developing the ability to measure different 
types, or so-called ``species'' of particles, the agency will 
be able to better identify those particles that constitute the 
particles of greater concern and to identify the point of 
origin of the emissions for purposes of modeling.

Sec. 1611. Addition of Particulate Matter Areas to CMAQ

                                SUMMARY

    This section modifies the Congestion Mitigation and Air 
Quality Improvement (CMAQ) program apportionment formula in 
anticipation of the new air quality standards that will soon be 
in effect for ozone and fine particulate matter (PM-2.5). The 
basic construct of the CMAQ apportionment formula remains 
unchanged: CMAQ funds are allocated to each State based on the 
ratio of the total weighted population of a State's 
nonattainment and maintenance areas to the total weighted 
population of all nonattainment and maintenance areas in the 
Nation. In addition, all States are guaranteed at least \1/2\ 
of 1 percent.

                               DISCUSSION

    This section adds the population of areas that are 
nonattainment for the fine particulate matter standard (PM-2.5) 
and the 8-hour ozone standard into both parts of the ratio, 
weighted with factors of 1.2 and 1.0, respectively. Fine 
particulate matter and 8-hour ozone areas have been added to 
the formula because once the designations are made for these 
standards in 2004, these areas will need funds to help them 
attain the standards.
    The weighting factor for the population of ozone and carbon 
monoxide maintenance areas is now changed from 0.8 to 1.0, to 
remedy the counterproductive multiplication result that 
occurred when multiplying by a number less than 1.0. Weighting 
factors are multiplied when an area is nonattainment or 
maintenance for more than one pollutant so that the area 
receives additional funds. However, this result does not occur 
if one of the weighting factors is 0.8 (e.g., 0.8 x 1.2 = 
0.96). In addition, PM-2.5 maintenance areas have been added 
and also receive a weight of 1.0.
    The weighting factors for the different classifications of 
1-hour ozone areas are not changed, and range from 1.0 to 1.4, 
depending on classification. However, the population of all 
areas that are nonattainment for the 8-hour ozone standard are 
weighted with a factor of 1.0. If there is some period of time 
when both the 1-hour and 8-hour ozone standards apply, the 
population in areas that are nonattainment or maintenance for 
both ozone standards should receive the higher of the two 
weighting factors, which will be the 1-hour weighting factor. 
EPA intends to revoke the 1-hour standard 1 year after 
designating areas for the 8-hour standard, and therefore, the 
length of time when both ozone standards apply will be limited.
    A slight change has been made to the formula in the case 
where an area is nonattainment or maintenance for both ozone 
and carbon monoxide. Instead of multiplying the entire 
population of the ozone area by an additional adjustment factor 
of 1.2, only the population of the ozone area that lives within 
the boundary of the carbon monoxide area is multiplied by the 
adjustment factor of 1.2. This change corrects the current 
method, where the entire population of the ozone area is 
multiplied by 1.2 regardless of the size of the CO area. The 
change improves distribution of CMAQ funding by better 
allocating it according to the number of people living in areas 
designated nonattainment or maintenance for various pollutants.
    An additional adjustment factor of 1.2 is also included for 
areas that are nonattainment for ozone, CO, or both that are 
also nonattainment or maintenance for PM2.5. 
Therefore, if a particular county is designated as 
nonattainment or maintenance for all three pollutants, the 
factors would be multiplied together (e.g., 1.0 x 1.2 x 1.2, 
for a total weighting factor of 1.44). The additional 
adjustment factor provides areas that are nonattainment or 
maintenance for more than one pollutant with additional CMAQ 
funds, recognizing that these areas must attain or maintain 
more than one air quality standard.

Sec. 1612. Addition of CMAQ-Eligible Projects

                                SUMMARY

    Paragraph (a) of section 1612 makes the purchase of 
alternative fuel, as defined in the Energy Policy act of 1992, 
and the purchase of biodiesel fuel eligible activities under 
the CMAQ program.
    Paragraph (b) of this section ensures that States that 
receive the minimum apportionment can use CMAQ money to fund 
projects for the purpose of congestion mitgation or improving 
air quality, instead of only being able to use CMAQ dollars for 
projects that can be funded under the surface transportation 
program.

                               DISCUSSION

    Currently, CMAQ funds can be used for a wide array of 
purposes designed to improve air quality, including 
improvements to transit systems, capital improvements to ITS 
projects, bicycle and pedestrian facilities, traffic flow 
improvements, alternative fuel infrastructure, inspection and 
maintenance programs, and shared ride services. The Clean Air 
Act (CAA) and EPA encourage the use of alternative fuels to 
assist areas in reducing criteria pollutants. CMAQ provisions 
in TEA21 / ISTEA include a specific subsection authorizing the 
use of CMAQ funds on alternative fuel infrastructure. Section 
1612 further facilitates the use of alternative fuels by also 
allowing purchase of alternative fuels with CMAQ funds.
    The committee is also aware that some confusion remains in 
DOT and EPA field and regional offices regarding whether 
projects to control the extended idling of vehicles, such as 
advanced truck stop electrification projects, are eligible for 
CMAQ funding. Such confusion has led to delays in project 
approvals. Advanced truck stop electrification projects 
dramatically reduce emissions, and therefore improve air 
quality, by allowing long-haul drivers to turn off their 
engines during extended stops (e.g., during USDOT-mandated rest 
periods); mitigate congestion by providing drivers timely 
information regarding road congestion and alternative routes; 
enhance energy independence by reducing diesel fuel 
consumption; enhance highway safety by providing drivers a 
quieter, more restful sleep environment; and reduce noise 
impacts to nearby neighborhoods. Furthermore, advanced truck 
stop electrification projects can quality for CMAQ funding, 
whether they are implemented through public-private 
partnerships; involve private ownership of land, project 
facilities or other physical assets, emission reduction credits 
and offsets; or are located on public or private land or 
rights-of-way. Such programs are clearly authorized under 
section 108(f)(1)(A)(xi) of the Clean Air Act (42 U.S.C. 
7408(f)(1)(A)(xi) and associated Federal guidance (65 Fed. Reg. 
9040 (Feb. 23, 2000)). Therefore, the committee directs the 
Secretary of Transportation and the Administrator of the 
Environmental Protection Agency to issue guidance to all 
appropriate Federal, State and local agencies that interpret 
and implement CMAQ and/or Clean Air Act programs informing such 
agencies as to the foregoing.
    Paragraph (b) of this section remedies an oversight that 
exists in the current law by providing States that receive the 
minimum amount of CMAQ funding the ability to use the money for 
air quality and congestion mitigation projects, if they so 
choose. States that receive the minimum apportionment either do 
not have nonattainment and maintenance areas, or have a 
nonattainment or maintenance area with a small enough 
population that they would only receive the guaranteed minimum 
\1/2\ of 1 percent based on the population apportionment 
formula. This section of the bill allows these States to fund 
CMAQ-type projects with their CMAQ funds. It allows these areas 
to fund projects that would otherwise be eligible under section 
149(b), regardless of the fact that section 149(b) specifically 
states that the eligible projects may only be funded in 
nonattainment or maintenance areas. This change is in keeping 
with the overall purpose of the CMAQ program.

Sec. 1613. Improved Interagency Consultation

                                SUMMARY

    Section 1615 requires the Secretary to encourage States and 
MPOs to consult with State and local air quality agencies in 
nonattainment and maintenance areas on the estimated emissions 
reductions from proposed congestion mitigation and air quality 
improvement programs and projects.

                               DISCUSSION

    The purpose of the C MAQ program is to help States meet 
their air quality goals of attaining or maintaining the air 
quality standards. This section has been added to acknowledge 
that State and local air quality agencies have valuable input 
with regard to which projects can best serve this purpose in 
their particular areas, and their participation in selecting 
projects, while not mandated, is to be encouraged. States, 
MPOs, and transit agencies, in consultation with State and 
local air quality agencies, are encouraged to work 
cooperatively in developing criteria for project selection and 
in making decisions over which projects and programs to fund 
under the CMAQ program.

Sec. 1614. Evaluation and Assessment of CMAQ Projects

                                SUMMARY

    Section 1616 requires the DOT to evaluate and assess a 
representative sample of CMAQ projects in consultation with 
EPA, maintain and disseminate a data base of CMAQ projects, and 
consider the recommendations and findings of the NAS CMAQ 
report in consultation with EPA.

                               DISCUSSION

    Evaluation and information sharing are important aspects of 
the CMAQ program and should be used to direct CMAQ funding 
toward the most cost-effective projects and programs. CMAQ 
funding can be used for innovative projects that contribute to 
improved air quality. If a particular type of project is 
successful in achieving emissions reductions, the goals of the 
program are furthered if that information is shared widely with 
other nonattainment and maintenance areas. The Department, in 
consultation with EPA, must consider the NAS report 
recommendations and findings to improve the operation and 
evaluation of the program. The committee's interest is to 
ensure that the information from previous efforts and expenses 
is used wisely.

Sec. 1615. Synchronized Planning and Conformity Timelines, 
        Requirements, and Horizon

                                SUMMARY

    This section changes how often updates must be made to 
metropolitan transportation plans and metropolitan 
transportation improvement programs (TIPs) in nonattainment and 
maintenance areas, and statewide TIPs. Currently, these 
documents expire every 3 years, 2 years, and 3 years, 
respectively. With this bill, all three of these planning 
documents must be updated every 4 years. This section also 
changes the minimum frequency with which transportation 
conformity must be demonstrated to every 4 years. Other changes 
to transportation conformity include a change in the horizon of 
the conformity determination, and a change in the projects to 
which conformity applies. In addition, this section adds a 
requirement for EPA's conformity regulations.

                               DISCUSSION

    Frequency. Section 1617 amends 23 U.S.C. 134 to require 
that metropolitan transportation plans and metropolitan 
transportation improvement programs (TIPs) be updated every 4 
years in nonattainment and maintenance areas. Currently, plans 
must be updated every 3 years, but TIPs must be updated every 2 
years. Attainment areas will continue to update transportation 
plans every 5 years. Section 135 is also amended to require 
that statewide TIPs be updated every 4 years, to be consistent 
with metropolitan plans and TIPs. The section also amends 
section 176 of title 42, the conformity section of the Clean 
Air Act, to require that conformity for transportation plans 
and TIPs be determined every 4 years, unless an MPO elects to 
update their plan or TIP more frequently, or conformity is 
triggered by triggered by an EPA action on a SIP submission. In 
the case where conformity is triggered by an EPA SIP action, 
this section provides metropolitan areas with 2 years to 
determine conformity (currently, areas have 18 months).
    The committee recognizes that there may be value to 
transportation planners in placing the frequency of 
metropolitan transportation plan and TIP updates and the 
frequency of conformity determinations on the same timetable, 
and also recognizes the benefit of giving metropolitan areas 
more time to devote to planning. The current transportation law 
requires TIPs to be updated at least every 2 years, and current 
planning regulations require plans to be updated every 3 years. 
Because conformity must be determined before new TIPs or new 
plans are adopted, many metropolitan areas were starting 
another TIP update as soon as transportation planning and 
conformity requirements were met for the previous one. Some 
witnesses testifying before the committee has indicated that 
transportation planning will improve if metropolitan areas have 
more time to devote to it, rather than continuously creating 
TIP updates and determining their conformity. Because 
conformity must still be determined before an updated plan or 
TIP is adopted, air quality should not be affected by this 
change; air quality impacts will still be checked before any 
major changes to the transportation network are made.
    Horizon. This section also changes the horizon of the 
conformity determination, that is, how far into the future each 
conformity determination must examine. Currently, a conformity 
determination is made analyzing a 20 year period of time, which 
is the length of time covered by a transportation plan. This 
section changes the horizon of a conformity determination to be 
the longest of 10 years, the latest year a State air quality 
plan (State Implementation Plan, or SIP) establishes a budget, 
or the year after a regionally significant project is completed 
if the project requires approval before the next conformity 
determination.
    Conformity must marry two separate planning activities: 
transportation planning and air quality planning. While 
transportation plans cover a period of 20 years, SIPs, which 
are used as the measure of conformity, generally cover a period 
of 10 years or fewer. The committee is changing the horizon of 
the conformity determination so that it more closely matches 
the length of time covered by a SIP. In addition, the language 
also ensures that the emissions impacts of large projects on 
travel are considered before Federal approvals are made. The 
change made to the horizon does not preclude State or local 
agencies from examining longer time periods for informational 
or local air quality purposes, if they choose to do so.
    Projects. This section defines transportation project to 
include only a project that is regionally significant, or a 
project that makes a significant revision to an existing 
project. The definition of regionally significant project 
closely tracks the existing EPA definition in regulation. 
Likewise, the definition of significant revision tracks the 
existing EPA criteria for significant change in design concept 
or scope. With the addition of this definition for 
transportation project, conformity determinations are required 
for regionally significant projects or projects that make a 
significant revision to an existing project, rather than for 
every Federal project. However, this change does not affect the 
requirement that the emissions impacts from all projects in the 
transportation plan and TIP must be considered when determining 
conformity of a plan or TIP. Vehicle Miles Traveled (VMT) from 
projects that are not regionally significant must still be 
considered in a plan or TIP conformity determination.
    Requirement for Regulation. This section adds a new 
requirement that EPA's regulations must address the effects of 
the most recent population, economic, employment, travel, 
transit ridership, congestion, and induced travel demand 
information in the development and application of the latest 
travel models. This section requires that EPA adjust 
regulations to ensure that travel models can account for the 
effects of these elements. Currently, travel models can account 
for the effects of most of the elements on this list, because 
the Clean Air Act has required that conformity be based on the 
most recent estimates of emissions since 1990, and EPA's 
conformity regulations specify how latest information regarding 
population, employment, travel, congestion, and transit service 
must be incorporated into a conformity determination.
    The new elements on this list are induced travel demand and 
transit ridership information. The committee recognizes that 
induced demand is a concept that is relatively recent and has 
been the subject of some debate. Before changing regulations in 
response to this section, EPA should examine the recent 
literature regarding induced demand, including papers on the 
topic submitted to the Transportation Research Board within the 
last 6 years. Recent literature should inform EPA's proposal on 
where, when, and how induced demand should be included in 
travel models. If recent literature does not include 
recommendations for how to incorporate induced demand into 
travel modeling, then EPA should request input on this topic 
from the public and the expert community prior to proposing its 
regulations.

Sec. 1616. Transition to New Air Quality Standards

                                SUMMARY

    Section 1616 provides methods for new nonattainment areas 
to use in determining transportation conformity to help achieve 
the national ambient air quality standards. Many areas will 
soon be designated nonattainment with the revised national 
ambient air quality standards for ozone (the 8-hour standard) 
and fine particulate matter (PM-2.5). In the case of areas that 
have not been in nonattainment before and have not been 
required to demonstrate transportation conformity or develop an 
emissions budget to use in that demonstration, or in the event 
that the agency revokes a prior standard before new 
nonattainment areas have approved emissions budgets for a 
revised standards, the committee has provided that those areas 
would be able to use an emissions budget in a SIP for prior 
standard for the same pollutant, if one is available. Areas 
could also use the other tests that are currently available in 
cases where an area does not have a SIP.

                               DISCUSSION

    This section is added because EPA plans to designate areas 
for the new 8-hour ozone standard in April 2004, and make 
designations for the fine particulate matter standard (PM-2.5) 
in December 2004. Newly designated nonattainment areas that 
have not been previously designated nonattainment for the same 
pollutant will have a 1-year grace period before conformity 
applies, but they have 3 years to submit SIPs to EPA. SIPs 
include motor vehicle emissions budgets, which are the total 
amount of each pollutant or precursor that is allowable for the 
transportation sector. These budgets serve as the measure of 
comparison when determining conformity. Therefore, after areas 
are designated for an air quality standard, there will be a 
period of time when other means of determining conformity must 
be used.
    This section will allow areas that are designated for the 
new 8-hour ozone standard to use the motor vehicle emissions 
budget from their 1-hour ozone SIP, if it exists, even if EPA 
revokes the 1-hour standard. Rather than referring specifically 
to the 8-hour and 1-hour ozone standards, this section is 
written broadly to refer to any standards. The committee 
recognizes that EPA, from time to time, may revise air quality 
standards. Areas should be able to use the budgets from the SIP 
that addresses the most recent prior standard of the same 
pollutant, if one exists and EPA has found its budgets adequate 
or has approved the SIP.
    The committee did not mandate the use of the budgets from a 
SIP for the most recent prior standard, but instead give areas 
the choice to do so, or use the existing tests. There may be 
instances where the budget from a SIP addressing the prior 
standard would not provide a good test of conformity. For 
example, such a budget could be established for a year that is 
many years in the past, be based on a geographic boundary that 
is different than the boundary for the current standard, or be 
based on information that is significantly out-of-date. For 
these reasons, the committee believes it is important to 
provide a choice to areas. Areas will use the consultation 
process to determine whether budgets addressing a prior 
standard for the same pollutant or another test or tests, will 
be used for conformity.

Sec. 1617. Reduced Barriers to Air Quality Improvements

                                SUMMARY

    Section 1617 reduces barriers to regions implementing 
transportation control measures (TCMs) to improve their 
regional air quality. The section allows an area to substitute 
an existing TCM or add a TCM if they can show that the new TCM 
will achieve equivalent or greater emissions reductions. 
Substitution or addition of a TCM will not require express 
permission in the State air quality plan (SIP), a formal 
revision of the SIP, nor a new conformity determination.

                               DISCUSSION

    TCMs are transportation-related measures that have the 
potential to reduce emissions of criteria pollutants. Many TCMs 
reduce emissions by reducing VMT, for example, high-occupancy 
vehicle lanes, transit projects, park and ride lots, ride-share 
programs, and pedestrian and bicycle facilities. States can 
include TCMs in their SIPs. However, unless the SIP includes a 
TCM substitution mechanism, i.e., a set of provisions for 
substituting TCMs, the SIP must be revised to change a TCM that 
is delayed or no longer viable. The purpose of this section is 
to allow all States to substitute TCMs without a full SIP 
revision, regardless of whether the State has its own 
substitution mechanism.
    TCMs can be substituted if the substitute measure achieves 
the same or greater emission reductions as the measure being 
replaced, based on an analysis that uses the latest planning 
assumptions and the current models. The substitute TCMs must be 
implemented on the same schedule as the original measure, if 
that is possible. However, the committee recognizes that it may 
not be possible for the substitute measure to be on the 
original schedule; for example, a possible reason that a State 
would want to substitute a TCM is that it has proved difficult 
to implement in a timely way. In those cases, the substitute 
measure must be implemented as soon as practicable, but not 
later than the date on which the SIP is supposed to achieve its 
purpose. For example, if the TCM is included in the SIP as part 
of the attainment demonstration, and the attainment date is 
2005, the substitute TCM must be implemented as soon as 
practicable to reduce emissions by 2005.
    Subparagraph (B) of this provision states that after 
carrying out subparagraph (A), a State shall adopt the 
substitute or additional control measure in the applicable SIP. 
In this instance, the committee has used the word ``adopt'' to 
mean that the State must record the measure as being part of 
the SIP. The sole intent of this subparagraph is to ensure that 
the State keeps an up-to-date list of the TCMs that must be 
implemented, so that a member of the public can review the list 
at any point and have the complete, correct list of TCMs that 
are in the SIP. This subparagraph is not intended to create any 
additional process requirements than those in subparagraph (A).

Sec. 1618. Air Quality Monitoring Data Influenced by Exceptional Events

                                SUMMARY

    Section 1618 requires EPA to promulgate regulations 
governing the handling of air quality monitoring data 
influenced by exceptional events. These regulations allow 
Governors to petition EPA to exclude air quality data directly 
due to exceptional events. Events such as forest fires or 
volcanic eruptions, should not influence whether a region is 
meeting its Federal air quality goals. The section includes 
requirements for demonstrating the occurrence of such a natural 
event by reliable and accurate data, a clear causal 
relationship between the exceptional event and a national air 
quality standard exceedance, and a public process for the 
determination.

                               DISCUSSION

    This section includes a definition of exceptional events 
and excludes certain events from the definition. Natural 
climatological occurrences such as stagnant air masses, high 
temperatures, or lack of precipitation influence pollutant 
behavior but do not themselves create pollutants. Thus, they 
are not considered exceptional events. Likewise, air pollution 
related to source noncompliance may not be considered an 
exceptional event. In contrast, events which are part of 
natural ecological processes, which generate pollutants 
themselves that cannot be controlled, qualify as exceptional 
events.
    The committee is concerned that the EPA's current approach 
for modeling carbon monoxide (CO) emissions from motor vehicles 
may not be appropriate for cold weather States, such as Alaska, 
that must make CO attainment and maintenance demonstrations. 
The committee therefore requests that EPA evaluate the 
effectiveness of its MOBLIE6 model to determine if it 
adequately accounts for the effects of cold weather on CO 
emissions.
    EPA is directed to follow principles in promulgating 
regulations under this section. These principles reflect the 
requirements of the current Clean Air Act and do not establish 
new requirements for States or EPA to meet. Instead, these are 
principles that EPA must follow when promulgating regulations 
under this section.

Sec. 1619. Conforming Amendments

                                SUMMARY

    Section 1619 updates the language in section 176 of title 
42, that directs EPA to write regulations. It removes 
references to the date of enactment of the Clean Air Act 
Amendments of 1990. It also removes the requirement for States 
to duplicate the entire text of Federal conformity regulations 
in their State Implementation Plans (SIP) each time there is a 
revision in those regulations. Instead, States will be required 
to further amend their SIPs only when revising conformity 
consultation procedures.

                               DISCUSSION

    Current law requires that States submit criteria and 
procedures for assessing conformity of transportation plans, 
TIPs, and projects. This requirement results in States having 
to adopt the entire Federal conformity rule into their SIPs. 
States that have done so must update their SIP whenever EPA 
updates any portion of the conformity regulations, which EPA 
has done several times since promulgating the initial rule in 
1993, most recently in 2000 and 2002. However, only the 
consultation procedures that exist in the regulations need to 
be tailored to individual States. This change ensures that 
States must submit consultation procedures, but no longer have 
to repeat the entire Federal conformity regulations. This 
change will reduce the paperwork burden on States with no 
adverse air quality impact.
Sec. 1620. Highway Stormwater Discharge Mitigation Program

                                SUMMARY

    This section creates a highway stormwater discharge program 
in a new section 167 of title 23, U.S.C. to improve the quality 
of stormwater discharge from Federal-aid highways and 
associated facilities and to enhance groundwater recharge.

                               DISCUSSION

    Section 1620 creates a new section within the Surface 
Transportation Program (STP) for States to fund transportation-
related stormwater mitigation projects. States must allocate 2 
percent of the funds apportioned under STP to stormwater 
mitigation projects sponsored by local governments or States 
that reduce polluted runoff from existing highways and other 
transportation-related activities. Current law does not have a 
mandatory set-aside but provides States the option of using 
their STP funds for stormwater mitigation projects when they 
are conducted in conjunction with an ongoing transportation 
project.
    An eligible project is one that improves stormwater 
discharge water quality, attains preconstruction hydrology, 
promotes infiltration of stormwater, recharges groundwater, 
minimizes stream bank erosion, promotes natural filters, 
otherwise mitigates the water quality impacts of stormwater 
discharges or reduces flooding caused by highway stormwater 
discharge. Projects will vary across the country because 
effective projects depend onsite-specific conditions, such as 
site imperviousness, existing best management practices, 
climate and land availability. Highway maintenance projects are 
not eligible stormwater mitigation projects. Examples of 
projects eligible for funds under this program include, but are 
not limited to extended detention ponds, streambank 
restoration, stormwater wetlands, vegetated buffers, filters, 
such as rock, sand and vegetated, underground storage vaults, 
infiltration basins and trenches, porous pavement, and 
bioretention systems, insets in storm drains, and oil and grit 
separators.
    The program requires States to give priority to projects 
that will assist the State or locality comply with the Federal 
Water Pollution Control Act. The Secretary is required to issue 
guidance to assist States in carrying out this section that 
includes information on innovative technologies and 
nonstructural best management practices to mitigate highway 
stormwater discharges. The committee intends that the funds 
made available by this program be distributed by State DOTs, 
with special emphasis on assisting local governments and to 
local governments for use in highwaystorm water mitigation, and 
specifically activities that allow these entities to comply 
with the requirements of stormwater phase II permits and other 
Clean Water Act regulations.

                         SUBTITLE G--OPERATIONS

Sec. 1701. Transportation Systems Management and Operations

                                SUMMARY

    This section amends title 23 so that transportation systems 
management and operations (TSM&O) programs and projects are 
integrated into and facilitated through the capital planning 
and construction processes. States may use up to 2 percent of 
the funds apportioned under this section to reduce traffic 
delays caused by motor vehicle accidents and breakdowns on 
highways during peak driving times.
    This section adds the definition of ``transportation system 
management and operations'' to the general definitions section.

                               DISCUSSION

    This section establishes a TSM&O program and differentiates 
it from construction provisions in title 23. This section also 
alleviate ambiguities that inhibit deployment and 
implementation of TSM&O activities, and establishes procurement 
flexibility that State and local agencies need to increase 
their ability to employ advanced operational practices and 
advanced technology.
    The committee encourages the Administrator to continue the 
development and deployment of safety messenger notification 
systems to disseminate safety information on Federal-aid 
highways to motorists and public safety agencies as needed. 
Examples may include traffic congestion, freight movement and 
conditions, Amber Alert, weather event emergency notifications, 
and border and homeland security notifications.

Sec. 1702. Real-time System Management Information Program

                                SUMMARY

    This section is intended to encourage the deployment of 
systems to monitor the condition of key surface transportation 
(highway and transit) facilities.
    The purpose of the proposed real-time system management 
information program is to provide the nationwide capability to 
monitor, in real-time, the traffic and travel conditions of our 
Nation's major highways and to widely share that information. 
The program goals are to improve the security of the surface 
transportation system, address congestion problems, support 
improved response to weather events, and facilitate national 
and regional traveler information.
    23 U.S.C. 169(c), as proposed by section 1702 of SAFETEA 
requires that each State establish a statewide incident 
reporting system within 2 years of enactment of this section. 
If a State demonstrates that it cannot meet this deadline, the 
Secretary may allow an extension, of up to 5 years, to 
accomplish the requirement of the subsection. In exercising 
this discretion, the Secretary should provide the State the 
minimum extension necessary to complete development of its 
reporting system.

                               DISCUSSION

    The Secretary is required to establish data exchange 
formats within 1 year of enactment of this bill.
    Each State is required to establish a statewide incident 
reporting system within 2 years of enactment of this bill, 
unless a waiver is received from the Secretary that allows up 
to 3 additional years. State and local governments are required 
to explicitly address real-time highway and transit needs and 
the systems needed to meet those needs including coverage, 
monitoring systems, data fusion and archiving, and methods of 
information sharing and exchange within their intelligent 
transportation system regional architecture.
    Activities related to the planning and deployment of real-
time monitoring elements are eligible for Surface 
Transportation Program and National Highway System funds. Under 
this section, a State may obligate State Planning and Research 
funds for activities related to the planning of real-time 
monitoring elements.

                  SUBTITLE H--FEDERAL-AID STEWARDSHIP

Sec. 1801. Future Interstate System Routes

                                SUMMARY

    This section replaces the 12-year requirement in section 
103(c)(4)(B) of title 23 with a 25-year requirement to provide 
States more time to substantially complete construction of 
highways designated as future Interstate System routes, before 
the States forfeit future Interstate designation status. This 
section also extends the time limitation contained in existing 
agreements from 12 years to 25 years.
Sec. 1802. Stewardship and Oversight

                                SUMMARY

    This section includes a provision that requires the 
Secretary to establish an oversight program to monitor the 
effective and efficient use of funds authorized under title 23, 
with a specific focus on financial integrity and project 
delivery.

                               DISCUSSION

    The Secretary shall require the States to annually certify 
the adequacy of their financial management systems and project 
delivery systems to meet all requirements for financial 
integrity. As part of the financial integrity oversight, the 
Secretary is required to develop minimum standards for 
estimating project costs and to periodically evaluate States' 
practices for estimating project costs, awarding contracts, and 
reducing project costs. States are required to determine that 
subrecipients of Federal funds have sufficient accounting 
controls and project delivery systems.
    This section also requires a recipient of Federal financial 
assistance to prepare an annual financial plan for projects 
that receive $100,000,000 or more in Federal-aid assistance and 
that are not subject to the requirements for major projects.
    This section mandates debarment of contractors who have 
been convicted of fraud related to Federal-aid highway or 
transit programs and mandates the suspension of contractors who 
have been indicted for offenses relating to fraud.
    This section requires that portions of monetary judgments 
won in Federal criminal and civil cases against contractors 
pertaining to Federal-aid highway and transit program fraud be 
shared with the State or local transit agency that were injured 
by the fraud.
    Finally, this section requires a value engineering 
analysis, as defined in this section, for all projects over $25 
million and bridge projects over $20 million.

Sec. 1803. Design-Build Contracting

                                SUMMARY

    This section amends section 112(b)(3) of title 23, to 
include intermodal facilities in the definition of qualified 
projects.

Sec. 1804. Program Efficiencies Finance

                                SUMMARY

    This section amends 23 U.S.C. 115, Advance construction, 
and 23 U.S.C. 118, Availability of Funds.

                               DISCUSSION

    Section 115 is amended to remove the restriction that a 
State must obligate all funds apportioned or allocated to it, 
or demonstrate that it will use all obligation authority 
allocated to it for Federal-aid highways and highway safety 
constructions prior to approval of advance construction 
projects.
    The revisions clarify that advance construction procedures 
can be used for all categories of Federal-aid highway funds and 
that when a project is converted to a regular Federal-aid 
project, any available Federal-aid funds may be used to convert 
the project.
    This section further modifies section 115 to remove the 
requirement that the Secretary must first approve an 
application of the State prior to authorizing the payment of 
the Federal share of the cost of the project when additional 
funds are later apportioned or allocated to the State. The new 
provision allows the Secretary to obligate the Federal share or 
a portion of the Federal share of cost of the project by 
executing a project agreement.
    Section 118 of title 23, is amended to clarify the method 
used by FHWA to account for Federal-aid funds and determine 
amounts subject to lapse. This revision results in no change to 
current practice but simplifies the language to reduce 
ambiguity.

Sec. 1805. Set-Asides for Interstate Discretionary Projects

                                SUMMARY

    This section continues the Interstate Discretionary Project 
set-aside in section 118(c)(1) of title 23, for fiscal years 
2004 through 2009 and increases the amount from $50,000,000 to 
$100,000,000.

Sec. 1806. Federal Lands Highways Program

                                SUMMARY

    The Federal Lands Highway Program provides funding for a 
coordinated program of public roads and transit facilities 
serving Federal and Indian lands.

                               DISCUSSION

    The Federal Lands Highways Program allocation in section 
202 of title 23, U.S.C. is amended to: 1) revise the date on 
which the Indian Reservation Road fund distribution formula 
regulation is published, from April 1999 to April 2004, and the 
year in which the new formula is implemented, from October 1999 
to October 2004; 2) allow the use of Indian Reservation Road 
Bridge funds to be used for design, engineering and 
preconstruction as well as construction; (3) limit the amounts 
that the Bureau of Indian Affairs may use to pay the costs of 
administering the Indian Reservation Roads Program (including 
the administrative expenses relating to individual projects 
associated with the Indian reservation roads program) to 6 
percent; and (4) require not later than 30 days after the date 
on which funds are made available to the Secretary of the 
Interior the distribution and availability of such funds for 
immediate use by eligible Indian tribes.
    Section 204 of title 23 is amended to: (1) allow the 
Secretary to enter into agreements as well as contracts, and 
(2) expand the use of refuge road funds to be used for 
interpretive signage, maintenance of public roads in National 
Fish hatcheries, payment of the non-Federal share of Federal-
aid highway and transit projects, and maintenance and 
improvement of recreational trails. Funding used for trails 
would be limited to 5 percent of available funding per fiscal 
year.
    A recreation roads funding category is created to provide 
dedicated funds for improvement projects for public roads under 
the jurisdiction of the Bureau of Land Management, Bureau of 
Reclamation, Forest Service, Department of Defense, and Army 
Corps of Engineers, and that are owned by the U.S. Government.
    Maintenance and improvement projects on recreation roads 
consistent with or identified in a land use plan do not need 
any additional environmental reviews or assessments under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) if there is no new information and no significant changes 
to the proposal bearing on environmental concerns. Improvement 
projects include paving of gravel roads, turning a single lane 
bridge into a double lane bridge, or widening a single lane 
road into a double lane road.
    A safety funding category is created to provide dedicated 
funds for transportation safety improvement projects, 
collection of safety information, development and operation of 
safety management systems, highway safety education programs, 
and other eligible activities under section 402 of title 23.

Sec. 1807. Emergency Relief

                                SUMMARY

    The Emergency Relief Program provides funds for the repair 
or reconstruction of Federal-aid highways and roads which have 
suffered serious damage as a result of natural disasters or 
catastrophic failures from an external cause.

                               DISCUSSION

    This section increases the amount authorized to be 
obligated in any one fiscal year for emergency relief under 
section 125 from $100,000,000 to $300,000,000.

Sec. 1808. Highway Bridge Program

                                SUMMARY

    The Highway Bridge Program provides funds to assist States 
in improving the condition of their bridges, through 
replacement, rehabilitation, and systematic preventive 
maintenance.

                               DISCUSSION

    The changes to section 144 allow the use of bridge funds 
for: 1) preventive maintenance activities consistent with the 
section 116(d) of the NHS Designation Act, 2) preventive 
maintenance on off-system bridges, and 3) scour countermeasures 
without regard to eligibility. Bridge discretionary funding is 
increased to $150 million. The Federal share on these projects 
is the share applicable under 23 U.S.C. 120(b) as adjusted by 
subsection (d).

Sec. 1809. Appalachian Development Highway System

                                SUMMARY

    The Appalachian Development Highway System Program provides 
funds for the construction of the Appalachian corridor highways 
in 13 States and for the establishment of a State-Federal 
framework to meet the needs of the region.

                               DISCUSSION

    This section describes how funds made available for the 
Appalachian development highway system are to be apportioned to 
the States in the Appalachian region. The latest cost estimate 
is to be used as the basis for apportionments. The funding 
shall remain available until expended and the Federal share is 
delineated in section 201 of the Appalachian Regional 
Development Act of 1965. This section also prohibits the use of 
toll credits on the Appalachian development highway system.

Sec. 1810. Multistate Corridor Program

                                SUMMARY

    The purpose of this program is to support and encourage 
multistate transportation planning and facilitate project 
development and decisionmaking involving multistate corridors. 
State transportation departments or metropolitan planning 
organizations may receive and administer the funds provided 
under this section for multistate highway and multimodal 
planning studies and construction.

                               DISCUSSION

    Freight demand is forecasted to increase significantly in 
the coming years. The committee's goal is to meet this growing 
demand by improving highways and intermodal connections in the 
nation's key corridors. Funds provided by the corridor program 
should supplement other public and private funding to support 
strategic improvements, expanding both capacity and efficiency.
    The Secretary shall select studies and projects to be 
carried out under this program based on: 1) the existence and 
significance of binding agreements; 2) the endorsement of the 
study or project by elected representative; 3) prospects for 
early completion; and 4) whether the study or project was 
listed in 1105(c) of ISTEA.
    The Secretary shall encourage States and other 
jurisdictions to work together and shall give priority to 
projects that increase mobility, freight productivity, access 
to marine or inland ports, safety and security, and 
reliability.

Sec. 1811. Border Planning, Operations, and Technology and Capacity 
        Program

                                SUMMARY

    The purpose of this program is to support the coordination 
and improvement in bi-national transportation planning, 
operations, efficiency, capacity, information exchange, safety, 
and security at the international borders of the United States 
with Canada and Mexico. The term ``border State'' in this 
section means any of the States of Alaska, Arizona, California, 
Idaho, Maine, Michigan, Minnesota, Montana, New Hampshire, New 
Mexico, New York, North Dakota, Texas, Vermont, and Washington.

                               DISCUSSION

    The demands of a global economy are placing an ever growing 
strain on the nation's points of entry. As with the corridors 
program, described above, the committee has elected to expand 
funding for the borders program in hopes that both capacity and 
operational efficiency can be improved to meet future freight 
mobility needs.
    The General Services Administration (GSA) is authorized to 
receive funding under this section. The committee intends that 
transportation improvement projects undertaken with funds 
directly transferred by the Secretary to the GSA shall be 
designed and constructed in coordination with State 
transportation official from the project State.
    State transportation departments and metropolitan planning 
organizations at or near an international land border in a 
border State may receive and administer funds allocated under 
this program to carry out the eligible activities listed in 
this section.
    The Secretary shall select projects to be carried out based 
on a number of criteria and shall give priority to those 
projects that emphasize multimodal planning, improvements in 
infrastructure, and specific operational improvements listed in 
this section.

Sec. 1812. Puerto Rico Highway Program

                                SUMMARY

    Section 173 of title 23 authorizes the continuation of the 
Puerto Rico Highway Program to carry out a highway program in 
the Commonwealth of Puerto Rico.

                               DISCUSSION

    The apportionment made under this section shall be treated 
as though it were apportioned under sections 104(b), 144, and 
206 of title 23 for each program funded under those sections by 
multiplying the aggregate of the amounts for the fiscal year by 
the ratio of the amount of funds apportioned to Puerto Rico for 
each such program for fiscal year 2003 as it bears to the total 
amount of funds apportioned to Puerto Rico for all such 
programs for fiscal year 2003.

Sec. 1813. National Historic Covered Bridge Preservation

                                SUMMARY

    This section authorizes the Secretary to make grants to 
States for covered bridges that are listed or eligible for 
listing on the National Register of Historic Places.

                               DISCUSSION

    Subject to the availability of appropriations, the 
Secretary shall make grants to States that submit applications 
that demonstrate a need for assistance in carrying out one or 
more historic covered bridge projects described in this 
section.

Sec. 1814. Transportation and Community and System Preservation Pilot 
        Program

                                SUMMARY

    This section continues the Transportation and Community and 
System Preservation Pilot (TCSP) Program, a comprehensive 
initiative of research and implementation grants to investigate 
the relationships betweenTCSP and private sector-based 
initiatives.
    This section also makes TCSP projects STP eligible.

                               DISCUSSION

    This section requires the Secretary to establish a 
comprehensive program to facilitate the planning, development, 
and implementation of strategies by States, metropolitan 
planning organizations, federally recognized Indian tribes, and 
local governments to integrate TCSP plans and practices that 
address the goals described in this section.

Sec. 1815. Tribal-State Road Maintenance Agreements

                                SUMMARY

    This provision amends section 204 of title 23 to authorize 
States and tribes to enter into road maintenance agreements.

                               DISCUSSION

    This provision permits tribes to assume State 
responsibilities for maintaining Indian reservation roads and 
roads that provide access to Indian reservation roads. 
Maintenance agreements entered into by States and tribes do not 
require the approval of the Secretary. However, the Secretary 
is required to report annually to Congress identifying (1) the 
tribes and States that have entered into maintenance 
agreements, (2) the number of road miles for which Indian 
tribes have assumed maintenance responsibilities, and (3) the 
amount of funding transferred to Indian tribes under these 
agreements in each fiscal year.

Sec. 1816. Forest Highways

                                SUMMARY

    Section 204 is amended by reserving $15,000,000 of the 
funds made available for forest highways for use in the repair, 
maintenance or removal of culverts and bridges on forest 
highways.

                               DISCUSSION

    This section ensures a minimum level of attention is given 
to the problems resulting from improperly placed culverts, 
including landslide risks and blockage of fish passage.

Sec. 1817. Territorial Highway Program

                                SUMMARY

    The changes made in section 215 of title 23 update and 
consolidate the statutory provisions governing the territorial 
highway program.

Sec. 1818. Magnetic Levitation Transportation Technology Deployment 
        Program

                                SUMMARY

    This section continues the authorization of the Magnetic 
Levitation Transportation Technology Deployment program 
(MAGLEV) in section 322 of title 23.

                               DISCUSSION

    Section 322 of title 23 is amended to allow the Secretary 
to solicit additional applications from States or authorities 
designated by one or more States, for financial assistance for 
planning, design, and construction of eligible MAGLEV projects.

Sec. 1819. Donations and Credits

                                SUMMARY

    Section 323 of title 23 is amended to give States and local 
governments additional flexibility to match Federal funds and 
expedite project implementation.

                               DISCUSSION

    This provision expands section 323 to include the value of 
donated services provided by local government employees to be 
credited to the non-Federal share for projects funded under 
title 23 funds.

Sec. 1820. Disadvantaged Business Enterprises

                                SUMMARY

    This section continues authorization of the Disadvantaged 
Business Enterprise (DBE) Program. Under the DBE program, not 
less than 10 percent of the funds provided to FHWA, FTA, and 
Transportation Research pursuant to titles I, III, and V shall 
be expended with small businesses owned and controlled by 
socially and economically disadvantaged individuals, except to 
the extent the Secretary of Transportation determines 
otherwise.

                               DISCUSSION

    This section restates the current authorization, with one 
exception. The provision of current law requiring a review of 
the program by the Comptroller General of the United States has 
been eliminated. The Comptroller General completed the required 
review in June 2001.

                   SUBTITLE I--TECHNICAL CORRECTIONS

Sec. 1901. Repeal or Update of Obsolete Text

                               DISCUSSION

    Letting of Contracts: This amendment deletes the obsolete 
exception.
    Fringe and Corridor Parking Facilities: The amendment would 
substitute a meaningful reference for the obsolete term.
    Repeal of obsolete sections of title 23: This section 
repeals obsolete sections of title 23: Priority Primary Routes 
(23 U.S.C. 147); Development of a National Scenic and 
Recreational Highway (23 U.S.C. 148); and Access Highways to 
Public Recreational Areas on Certain Lakes (23 U.S.C. 155).

Sec. 1902. Clarification of Date

                                SUMMARY

    This section restates, as a calendar date, a date in title 
23 that currently is expressed as a reference to a date of 
enactment of law, making it difficult to understand. No change 
in the actual date is made.

Sec. 1903. Inclusion of Requirements for Signs Identifying Funding 
        Sources in Title 23

                                SUMMARY

    Section 154 of the Federal-Aid Highway Act of 1987 (23 
U.S.C. 101 note; 101 Stat. 209) establishes the basis for 
erecting signs at federally assisted highway projects 
identifying the source and amount of funding being used. This 
section transfers the provision to 23 U.S.C. 321 and makes a 
needed conforming amendment.

Sec. 1904. Inclusion of ``Buy America'' Requirements in Title 23

                                SUMMARY

    This section sets forth the ``Buy America'' provision and 
designates it as 23 U.S.C. 321. The provision makes non-
substantive, conforming amendments to the text needed because 
of the transfer, simplifies the text, and deletes an executed 
report requirement.

Sec. 1905. Technical Amendments to Nondiscrimination Section

                                SUMMARY

    This section makes several technical amendments to section 
140 of title 23.

                               DISCUSSION

    Technical changes made include: eliminating gender-based 
language; clarifying that funding made available to carry out 
this section has the same broad availability as the source from 
which the funds are made available (an STP takedown); removing 
the $2.5 million funding cap on highway construction and 
technology training programs established for fiscal year 1976 
as no longer necessary; correcting a typographical error; and 
clarifying the purpose and intent of subsection (d) by 
modifying the title to remove the reference to Indian 
contracting.

                   TITLE II--TRANSPORTATION RESEARCH

                          SUBTITLE A--FUNDING

Sec. 2001. Authorization of Appropriations.
            Subsection (a)

                                SUMMARY

    Subsection (a) provides contract authority from the Highway 
Trust Fund for research programs, for each of the fiscal years 
2004 through 2009.

                               DISCUSSION

    Surface Transportation Research is authorized at $211M for 
fiscal year 2004 and 2005, $215M for fiscal year 2005, $218M 
for fiscal year 2007, $220M for fiscal year 2008, and $223M for 
fiscal year 2009. The amounts include $20M each year for the 
Surface Transportation-Environment Cooperative Research 
Program. Training and Education is authorized at $27M for 
fiscal year 2004, $28M for fiscal year 2005, $29M for fiscal 
year 2006, $30M for fiscal year 2007, $31M for fiscal year 
2008, and $32M for fiscal year 2009. The Bureau of 
Transportation Statistics is authorized at $28M each fiscal 
year. The ITS Standards, Research, Operational Tests, and 
Development program is authorized at $120M for fiscal year 
2004, $123M for fiscal year 2005, $126M for fiscal year 2006, 
$129M for fiscal year 2007, $132M for fiscal year 2008, and 
$135M for fiscal year 2009. University Transportation Centers 
is authorized at $40M for fiscal year 2004 and $45M for fiscal 
years 2005 through 2009.
            Subsection (b)

                                SUMMARY

    Subsection (b) provides the period of availability of funds 
for obligation and the Federal share of project cost.

                               DISCUSSION

    The sums authorized to be appropriated under subsection (a) 
are available for obligation in the same manner as apportioned 
funds under Chapter 1 of title 23, USC. The Federal share of 
the cost of a project under this section shall be the share 
applicable under 23, U.S.C. 120(b) as adjusted by subsection 
120(d), unless otherwise stated or determined by the Secretary. 
Funds remain available until expended.
            Subsection (c)

                                SUMMARY

    Subsection (c) summarizes the allocations for the amounts 
made available in subsection (a).

                               DISCUSSION

    From the amounts made available for the Surface 
Transportation Research program, subsection (c)(1) provides 
$27M for fiscal years 2004 through 2009 for advanced, high 
risk, long-term research under 502(d) of title 23, USC. In 
addition, the following amounts are made available for the 
long-term pavement performance program under section 502(c) of 
title 23, USC: $18M for each of fiscal years 2004 and 2005, 
$17M for fiscal year 2006, $15M for fiscal year 2007, $12M for 
fiscal year 2008, $10M for fiscal years 2009. Subsection (c)(2) 
provides $342M for each of fiscal years 2004 through 2009 to 
carry out the Technology Application Program under section 503 
of title 23, USC. Subsection (c)(4) provides, $.5M for each of 
fiscal years 2004 through 2009 to carry out the International 
Highway Transportation Outreach Program under section 506 of 
title 23, USC.
    From the amounts made available for Training and Education, 
subsection (c)(3)(A) provides the following amounts for the 
National Highway Institute under section 504(a) of title 23, 
USC: $12M for fiscal year 2004, $12.5M for fiscal year 2005, 
$13M for fiscal year 2006, $13.5M for fiscal year 2007, $14M 
for fiscal years 2008, and $14.5M for fiscal year 2009. In 
addition, subsection (c)(3)(B) provides the following amounts 
to carry out the Local Technical Assistance Program under 
section 504(b) of title 23, USC: $12M for fiscal year 2004, 
$12.5M for fiscal year 2005, $13M for fiscal year 2006, $13.5M 
for fiscal year 2007, $14M for fiscal years 2008, and $14.5M 
for fiscal year 2009. Subsection (c)(3)(C) provides $3M for 
each of fiscal years 2004 through 2009 for carrying out the 
Eisenhower Transportation Fellowship Program under section 
504(c)(2) of title 23. USC.
    From the amounts made available for the ITS Standards, 
Research, Operational Test and Development Program, subsection 
(c)(6) provides that not less than $30M for each of fiscal 
years 2004 through 2009 be made available to carry out the 
Commercial Vehicle Intelligent Transportation Systems 
Infrastructure Program under section 528 of title 23, USC.
    Subsection (c)(5) provides $75,000,000 in each of fiscal 
years 2004 through 2009 to carry out the New Strategic Highway 
Research Program under Section 509 of title 23, USC.
            Subsection (d)

                                SUMMARY

    Subsection (d) describes the transferability of funds.

                               DISCUSSION

    Transfers are allowed among funds allocated under 
paragraphs (1), (2), or (4) of subsection (c) in amounts not to 
exceed 10 percent of the amount allocated in the fiscal year. 
The same is allowed for funds allocated under subparagraphs 
(A), (B), or (C) of subsection (c)(3).

Sec. 2002. Obligation Ceiling

                                SUMMARY

    This section sets the annual obligation limitation for the 
amounts made available under Title II for Transportation 
Research.

                               DISCUSSION

    For fiscal years 2004 through 2009, the limits on 
obligation of contract authority available for Transportation 
Research are as follow: $496M for fiscal year 2004, $510M for 
fiscal year 2005, $518M for fiscal year 2006, $525M for fiscal 
year 2007, $531M for fiscal year 2008, and $538M for fiscal 
year 2009.

Sec. 2003. Notice

                                SUMMARY

    This section outlines requirements for the Department of 
Transportation to notify the appropriate committees of Congress 
should any reprogramming of authorized funds or reorganization 
take place.

                               DISCUSSION

    This section continues an existing notification 
requirement. If any funds under this title are subject to a 
reprogramming action requiring notice to the Committee on 
Appropriations of the House of Representatives and the 
Committee on Appropriations of the Senate, notice shall be 
concurrently provided to the Committee on Transportation and 
Infrastructure and the Committee on Science of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate. This section also extends the requirement 
that on or before the 15th day preceding the date of any major 
reorganization of a program, project, or activity of the 
Department of Transportation for which funds are authorized by 
this title, the Secretary shall provide notice of the 
reorganization to the Committee on Transportation and 
Infrastructure and the Committee on Science of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate.

                  SUBTITLE B--RESEARCH AND TECHNOLOGY

Section 2101. Research and Technology Program

                                SUMMARY

    This section amends Chapter 5 of title 23, U.S.C. to 
provide authority for programs under Subchapter I Surface 
Transportation, Subchapter II Intelligent Transportation System 
Research and Technical Assistance Program; and Subchapter III 
Miscellaneous.

                  SUBCHAPTER I--SURFACE TRANSPORTATION

Subsection 501. Definitions

                                SUMMARY

    This section defines terms used in this subchapter.
Subsection 502. Surface Transportation Research

                                SUMMARY

    This subsection authorizes the Secretary to carry out 
research, development, testing, and technology transfer 
activities.

                               DISCUSSION

    Under this subsection the Secretary may, independently or 
in cooperation with others, carry out activities in research, 
development, and technology transfer with respect to all phases 
of transportation planning and development and the effect of 
State laws on these activities. In addition, the Secretary may 
test, develop, or assist in testing and developing any 
material, invention, patented article, or process. Activities 
under this subsection must be consistent with the surface 
transportation research and technology development strategic 
plan required under section 508(c). All parties entering into 
contracts, cooperative agreements, or other transactions with 
the Secretary to perform research or provide technical 
assistance shall be selected on a competitive basis and on the 
basis of a peer review. The research, development, or use of 
technology under a cooperative agreement is subject to the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.). The Federal share of the cost of activities 
carried out under a cooperative research and development 
agreement shall not exceed 50 percent, unless otherwise 
approved by the Secretary.
    Among specific programs and activities, a new Advanced, 
Long-Term Research program is established that addresses 
longer-term, high risk research with potentially dramatic 
breakthroughs for improving durability, efficiency, the 
environment, productivity, and safety. The Seismic Research 
Program, Long-Term Pavement Performance Program (LTPP), and the 
Infrastructure Investment Needs Report are continued. A report 
on the initial conclusion of the LTPP program is required to be 
included in the strategic plan under section 508(c). The due 
dates for the infrastructure needs report is change from 
January 31 to July 31, and the comparison to previous reports 
is no longer fixed at the prior three biannual reports.
    Finally, this subsection requires the Secretary, in 
consultation with the Secretary of Homeland Security, to 
develop a 5-year strategic plan for research and technology 
transfer and deployment activities pertaining to the security 
aspects of highway infrastructure and operations aspects.

Subsection 503. Technology Application Program

                                SUMMARY

    This subsection amends the Technology Deployment 
Initiatives and Partnerships Program and the Innovative Bridge 
Research and Construction Program under section 503, Title 23, 
USC.

                               DISCUSSION

    This subsection establishes the Technology Application 
Initiatives and Partnerships Program to accelerate the 
transportation community's adoption of innovative technologies. 
The Secretary is required to develop goals in consultation with 
the Surface Transportation Research Technology Advisory 
Committee and other interested stakeholders, as part of the 
research strategic plan under section 508(c) of this title. 
Goals shall be designed to provide tangible benefits in the 
areas of efficiency, safety, reliability, service life, 
environmental protection, and sustainability. In selecting 
projects, the Secretary shall give preference to projects that 
leverage Federal funds with other public or private resources.
    The Innovative Surface Transportation Infrastructure 
Research and Construction Program expands the former program 
that emphasized bridges to now include all structures. The 
program still includes the application of innovative material, 
design, and construction technologies in the construction, 
preservation, and rehabilitation of elements of surface 
transportation infrastructure. Grants under this program are 
awarded based on program goals. The Secretary is charged with 
ensuring the application of technology and technology transfer. 
The Secretary shall determine the Federal share of the cost of 
the project.
    This subsection also eliminates the requirement to continue 
SHRP partnerships under section 503(a)(6) of title 23. Section 
503(a)(7) of tile 23 is amended to delete the list of specified 
areas within which the Secretary may make grants, cooperative 
agreements, and contracts to foster alliances and support 
efforts. Reporting on results and progress is published under 
the research strategic plan under section 508(c). Section 
503(b) of title 23 is retitled and revised to broaden the 
emphasis from bridge research to surface transportation 
infrastructure research. In addition, the emphasis on 
innovative material technology research is expanded to include 
design and construction technologies. The program goal under 
section 503(b) to develop techniques to separate vehicle and 
pedestrian traffic from railroad traffic has been eliminated. 
Added is a provision that requires any entity to accelerate 
within the agency, to the extent possible, a new technology 
implemented with funds made available under this section.
Subsection 504. Training and Education

                                SUMMARY

    This subsection modifies the training and education 
programs of the National Highway Institute.

                               DISCUSSION

    Section 504(a)(3) of title 23 is modified to emphasize 
asset management and the application of emerging technologies 
as two areas in which the Institute shall develop courses. The 
section identifies additional courses to be developed by the 
Institute, in consultation with State departments of 
transportation and the American Association of State Highway 
and Transportation Officials. Other changes to the section 
include the requirement for the Institute to periodically 
review courses and to make revisions or cease to offer courses 
as necessary. The cost for course development is now explicitly 
stated as part of the cost of training and education to be paid 
by a private entity or person, unless otherwise determined by 
the Secretary.
    Section 504(a)(7) of title 23 is modified by removing the 
limitation on the amount of fees that the Institute can collect 
in any fiscal year. Funds made available to carry out this 
section may now be combined with or held separately from fees 
collected under memoranda of understanding, regional compacts, 
and other similar agreements, in addition to being combined 
with or held separately from fees collected under this section 
as previously allowed.
    Changes to the Local Technical Assistance Program add 
incident response and operations as areas in which the 
Secretary can assist transportation agencies and governments 
under grants, cooperative agreements, and contracts. Where 
urbanized areas are cited, the qualifying definition of 
population sizes between 50,000 and 100,000 is no longer 
included. Finally, regional cooperation is promoted under 
Section 504(2)(C) as an area in which to assist urban 
transportation agencies.
    The Dwight David Eisenhower Transportation Fellowship 
Program is continued to allow the Secretary to make grants for 
research fellowships for the purpose of attracting qualified 
students to the field of transportation.

Subsection 505. State Planning and Research

                                SUMMARY

    This subsection amends the program of funding to States for 
research, development, and technology transfer activities.

                               DISCUSSION

    Two percent of sums apportioned under section 104 (except 
subsection (f) and (h)) and Section 144 shall be available for 
specified State planning and research activities. Not less than 
25 percent of the funds shall be expended by the State for 
research, development, and technology transfer activities, 
unless waived by the Secretary. The Federal share of the cost 
of a project shall be the share applicable under 23 U.S.C. 
120(b), as adjusted by subsection 120(b) unless the Secretary 
determines that the interest of the Federal-aid highway program 
would best be served by decreasing or eliminating the non-
Federal share.
    This subsection adds that SPR funds may be used for the 
purposes authorized under the International Highway 
Transportation Outreach Program of section 506(a).

Subsection 506. International Highway Transportation Outreach Program

                                SUMMARY

    This subsection amends the International Highway 
Transportation Outreach Program under section 506, title 23 
USC.

                               DISCUSSION

    This subsection continues the current program for the 
Secretary to conduct international highway transportation 
outreach aimed at promoting U.S. expertise and goods and 
services and increasing the transfer of U.S. technology, and 
informing the U.S. highway community of technological 
innovations in foreign countries.
    Each fiscal year, the Secretary is required to submit a 
report to Congress that describes the destinations and costs of 
international travel conducted in carrying out activities under 
this program.

Subsection 507. Surface Transportation-Environment Cooperative Research 
        Program

                                SUMMARY

    This subsection amends the existing Surface Transportation-
Environment Cooperative Research Program.

                               DISCUSSION

    This section reauthorizes funds for a research program that 
was authorized in TEA-21 but never received an appropriation. 
This research program examinies a wide range of environmental 
issues in surface transportation. The program shall be based on 
the contents of National Research Council Report 268, ``Surface 
Transportation Environment Research: A Long-Term Strategy''. 
The Secretary is to administer the program and sharpen the 
focus of the research through stakeholder input via workshops, 
symposia, and expert panel.

Subsection 508. Surface Transportation Research Technology Deployment 
        and Strategic Planning

                                SUMMARY

    This subsection amends the strategic planning requirements 
for research under section 508 of title 23.

                               DISCUSSION

    The subsection continues the requirement of the Secretary 
to establish a strategic planning process for research. It adds 
the establishment of a Surface Transportation Research 
Technology Advisory Committee to provide program advice to the 
Secretary. Continued is the requirement for the Secretary to 
enter into a contract with the Transportation Research Board, 
on behalf of the Research and Technology Coordinating Committee 
of the National Research Council, for the review of the plan 
and the strategic planning process and to provide program 
recommendations.

Subsection 509. New Strategic Highway Research Program

                                SUMMARY

    This subsection establishes a new strategic highway 
program.

                               DISCUSSION

    In section 5112 of TEA-21, Congress requested that the 
Transportation Research Board (TRB) conduct a study to 
determine a new strategic highway program. This new strategic 
highway program is based on the Future Strategic Highway 
Research Program (F-SHRP) recommended in TRB Special Report 
260: Strategic Highway Research: Saving Lives, reducing 
Congestion, Improving Quality of Lives.
    Under this subsection, the National Research Council shall 
establish and carry out the strategic highway program. The 
program shall consider, at minimum, the results of studies 
relating to the implementation of the Strategic Highway Safety 
Plan prepared by the American Association of State Highway and 
Transportation Officials (AASHTO). In administering the 
program, the National Research Council shall acquire a 
qualified, permanent core staff, and ensure that identified 
stakeholders are involved in the program.
    Before October 1, 2007, the Secretary is required to enter 
into a contract with the TRB to complete a report on 
implementing results of the new strategic highway program. The 
Secretary shall submit the report to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives.

Subsection 510. University Transportation Centers

                                SUMMARY

    This subsection modifies the existing university 
transportation research program under section 5505 of title 49 
USC.

                               DISCUSSION

    Section 5505 of title 49 U.S.C. established the University 
Transportation Centers (UTC) program in 1988 to create a 
partnership between the academic community and DOT for the 
advancement of research, education, and technology transfer. As 
amended under this subsection, the grants are increased from 33 
to 40 eligible institutions.
    The subsection continues the establishment of 1 regional 
center at institutions in each of the 10 Federal regions. A new 
provision allows locating no more than one center (or one lead 
university in a consortia) in any State. Only regional centers 
will be selected based on proposals requested by the Secretary. 
All grantees must otherwise meet specified requirements that 
include a 6-year program plan and annual report to the 
Secretary on projects and activities. A peer review is required 
for reports on research under this program. The Secretary must 
coordinate activities of the centers and operate a 
clearinghouse for the dissemination of results from activities.
    Restrictions have been placed on the amount of funds 
available to centers that can be used for faculty positions, 
laboratory facilities, student internships, and administration. 
Funds authorized under this subsection shall be available for 2 
years after September 30 of the fiscal year for which the funds 
were authorized.

Subsection 511. Multistate corridor operations and management

                                SUMMARY

    This subsection continues funding to support the I-95 
corridor Coalition, established under the Intermodal Surface 
Transportation Act of 1991.

Sec. 2102. Study of Data Collection and Statistical Analysis

                                SUMMARY

    This section provides for activities of the Bureau of 
Transportation Statistics relating to transportation data 
collection and statistical analysis.

                               DISCUSSION

    Under this section, the Bureau of Transportation Statistics 
assumes the role of the lead agency to establish, not later 
than October 1, 2004, statistical standards for the Department 
of Transportation. The Bureau shall provide annually to the 
Secretary an overview of the level of effort expended on 
statistical analyses.
    Not later than 90 days after the date of enactment of this 
Act, the Secretary shall provide a grant to, or enter into a 
cooperative agreement or contract with the Transportation 
Research Board to conduct a study of data collection and 
statistical analysis efforts. In conducting the study, the 
Board shall consult with stakeholders. Not later than 1 year 
after the date of the grant or cooperative agreement, the Board 
shall submit to the Secretary, the Committee on Environment and 
Public Works of the Senate, and the Committee on Transportation 
and Infrastructure of the House of Representatives a final 
report on the results of the study. The Bureau shall, to the 
maximum extent practicable, implement any recommendations 
included in the study. The Comptroller General of the United 
States shall conduct a review of the study. Each year, 
beginning in 2004, the Bureau shall prepare and submit to the 
Secretary an annual report on progress made in response to the 
study recommendations.

Sec. 2103. Centers for Surface Transportation Excellence

                                SUMMARY

    This section establishes centers for surface transportation 
excellence to promote high-quality outcomes in support of 
strategic national programs and activities.

                               DISCUSSION

    The centers for transportation excellence are:
    Environmental Excellence to assist States in planning and 
delivering environmentally sound transportation projects.
    Operations Excellence for implementing operations in 
planning and management.
    Excellence in Surface Transportation Safety to provide 
critical safety program information, technical support in the 
Secretary's 22 safety emphasis areas, and training for State 
personnel.
    Excellence in Project Finance to support States in 
developing finance plans and project oversight tools and 
training in financing methods to advance projects and leverage 
funds.
    Excellence in Asset Management to develop and conduct 
research, provide training and education, and disseminate 
information on the benefits of and tools for asset management.
    The centers for transportation are selected by the 
Secretary on a competitive basis.

         SUBTITLE C--INTELLIGENT TRANSPORTATION SYSTEM RESEARCH

Sec. 2201. Intelligent Transportation System Research and Technical 
        Assistance Program.
    This section is intended to replace Subtitle C of Title V, 
TEA-21, which is repealed. The following describes the changes 
from the provisions of TEA-21.

Sec. 5501. Short Title
    This section names the subtitle the ``Intelligent 
Transportation Systems Act of 2003.''

Sec. 5502. Goals and Purposes
    The goals stated in TEA-21 are changed to include 
references to public safety and security. These changes are 
intended to reflect new emphasis areas in the Intelligent 
Transportation Systems (ITS) Program.
Subsection 521. Findings

                                SUMMARY

    This subsection modifies the TEA-21 section regarding 
findings of the Congress on the ITS program.

                               DISCUSSION

    This subsection amends the TEA-21 section by deleting one 
remark that makes reference to ISTEA and maintaining that 
Congress finds continued investment in architecture and 
standards development, research, technical assistance, and 
system integration is needed to accelerate the rate at which 
ITS investment is incorporated into the national transportation 
network to improve safety and efficiency and to reduce negative 
impacts on communities and the environment.

Subsection 522. Goals and Purposes

                                SUMMARY

    This subsection modifies the goals and purposes of the ITS 
program .

                               DISCUSSION

    New goals are added to reflect the expanded interests for 
the program. Other modifications reflect changes in emphasis 
for a number of program activities.

Subsection 523. Definitions

                                SUMMARY

    This subsection deletes the word ``corridor'' from terms 
used in the new subtitle to reflect the deletion of the 
corridor development program under TEA-21. Terms relating to 
commercial vehicle operations are moved to the subsection on 
commercial vehicle systems.
Subsection 524. General Authorities and Requirements

                                SUMMARY

    This subsection makes changes to general authorities and 
requirements under TEA-21 that provide ITS program scope, 
policy, and the requirements of the Secretary.

                               DISCUSSION

    Under this subsection, a requirement that the Secretary 
``assist in the application of ITS'' replaces the TEA-21 
requirement that the Secretary ``advance nationwide 
deployment.'' In carrying out the program, the Secretary is now 
required to consult with the Secretary of Homeland Security 
along with other Federal officials. This subsection adds 
requirements for the program advisory committee authorized by 
section 5204(h) of TEA-21, and also includes the amount of 
funding available for the committee. Now removed is the 
requirement for the Secretary to use the Software Engineering 
Institute's Capability Maturity Model, or other risk assessment 
methodology, to reduce the cost, schedule, and performance risk 
associated with software. Finally, the Secretary is required to 
issue revised guidelines and requirements for evaluating 
operational test and other projects.

Subsection 525. National ITS Program Plan

                                SUMMARY

    This subsection continues the requirement for the Secretary 
to develop a National Program Plan for ITS.

                               DISCUSSION

    The National ITS program addresses program goals, 
objectives, and milestones, and must be maintained and updated 
as necessary and submitted to Congress as part of the Surface 
Transportation Research Strategic Plan .

Subsection 526. National ITS Architecture and Standards

                                SUMMARY

    This subsection continues the general requirements and 
activities related to the national architecture and standards.

                               DISCUSSION

    Changes under this subsection reflect the completion of 
several requirements specified in TEA-21. These include the 
report to Congress on critical standards and the provision for 
communication spectrum for ITS. Subsection 526(d), which 
includes provision for conformity with the National ITS 
Architecture, no longer includes deployment. Deployment is no 
longer emphasized as a direct activity of the Secretary. 
Exceptions to conformity no longer include upgrades or 
expansions of existing systems, as allowed under TEA-21.

Subsection 527. Research and Development

                                SUMMARY

    This subsection continues ITS research and development 
program authorized under TEA-21. Changes reflect new focus 
areas.

                               DISCUSSION

    Under this subsection, the types of projects and activities 
that receive funding priority are greatly broadened. Among 
other requirements, a new provision requires any call center 
receiving calls relating to an automatic crash notification 
event to be immediately capable of routing calls via the 9-1-1 
network to the public safety answering point serving the 
location of the vehicle involved in the emergency.

Subsection 528. Commercial Vehicle Intelligent Transportation System 
        Infrastructure Program

                                SUMMARY

    This subsection is intended to complete the core deployment 
of Commercial Vehicle Information Systems and Networks (CVISN) 
under TEA-21 and to encourage the expanded deployment of CVISN.

                               DISCUSSION

    Subsection (c) would require the Secretary to make grants 
of up to $2.5 million for the core deployment of Commercial 
Vehicle Information Systems and Networks. A State that has 
previously received funding for the core deployment of 
Commercial Vehicle Information Systems and Networks will 
receive a grant that has been reduced by the amount of funds 
previously received for CVISN core deployment. States that have 
not previously received funding for CVISN core deployment will 
receive a grant of $2.5 million. To be eligible for a core 
deployment grant, a State must have a program plan and top-
level system design, must certify that its Commercial Vehicle 
Information Systems and Networks activities are consistent with 
National Intelligent Transportation Systems and Commercial 
Vehicle Information Systems and Networks architectures and 
available standards, and must agree to execute a successful 
interoperability test. The use of grant funds would be limited 
to core deployment activities.
    The Secretary may make grants to States for the expanded 
deployment of Commercial Vehicle Information Systems and 
Networks. The amount of the grants will be determined by the 
amount of funds that remain after the core deployment grants 
have been made and by the number of States that request an 
expanded deployment grant. The maximum expanded deployment 
grant that may be given to a State in a fiscal year is $1 
million. A State that has completed core deployment is eligible 
for an expanded deployment grant.
    The Federal share of grant funds under this section is 50 
percent. The Federal share for funds used for Commercial 
Vehicle Information Systems and Networks from other eligible 
sources is 80 percent.

Subsection 529. Use of Funds

                                SUMMARY

    This subsection changes the use of funds by deleting the 
TEA-21 restrictions on funds for operational test and 
deployment.

               TITLE III--INTERMODAL PASSENGER FACILITIES

Sec. 3001. Intermodal Passenger Facilities

                                SUMMARY

    The section amends chapter 55 of title 49, U.S.C., 
Intermodal Transportation, and replaces it with a new 
Intermodal Passenger Facilities.

                               DISCUSSION

    The purpose of this subchapter is to accelerate intermodal 
integration among North America's passenger transportation 
modes by assuring intercity public transportation access to 
intermodal passenger facilities; encouraging the development of 
an integrated system of public transportation information; and 
providing intercity bus intermodal facility grants.
    Under this subchapter, the Secretary shall make grants, on 
a competitive basis, to State and local governmental 
authorities for financing a capital project that the Secretary 
determines to be justified and to have adequate financial 
commitment. A capital project, under this subchapter, may be 
the acquisition, construction, improvement, or renovation of an 
intermodal facility that is related physically and functionally 
to intercity bus service and that establishes or enhances 
coordination between intercity bus service and other modes of 
transportation. A capital project could also be the added cost 
of providing better access between intercity bus service and 
other transportation. The primary criterion for selection is 
the extent to which the facility enhances the integration of 
all modes of intercity and local public transportation, as well 
as the connection with the private automobile.
    The Federal share shall not exceed 50 percent of the net 
project costs, as determined by the Secretary. Up to 30 percent 
of the non-Federal share may include amounts appropriated to or 
made available to a Federal department or agency for 
transportation purposes.
    Under the proposal, $10,000,000 in contract authority shall 
be available from the Highway Trust Fund for each of fiscal 
years 2005 through 2009 to carry out this subchapter. These 
facilities will further assist in linking passengers arriving 
and departing through airports, public transportation 
facilities, train stations, and seaports with their final home, 
work, and tourism destinations.

     TITLE IV--FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS

                                SUMMARY

    The new title amends the Dingell-Johnson Sport Fish 
Restoration Act of 1950 and reauthorizes the Dingell-Johnson 
programs within the committee's jurisdiction for 6 years. The 
Title also reorganizes the funding mechanism for these 
programs.
    All programs are assigned a percentage to allow a 
simplified, consistent and fair allocation of funds.

                               DISCUSSION

    Under Section 4102, any amount apportioned to any State 
under the provisions of this Act which is unexpended or 
unobligated at the end of the period during which it is 
available for expenditure on any project is authorized to be 
made available for expenditure by the Secretary of the Interior 
to supplement the 55.3 percent of each annual appropriation to 
be apportioned among the States, as provided for in section 
4(b) of the Dingell-Johnson Act.
    Section 4103 simplifies the current distribution of funds 
to the Coastal Wetlands, Boating Safety, the Clean Vessel Act, 
Boating Infrastructure, National Outreach and Communications 
programs as well as funding for administrative costs. For 
fiscal years 2004 through 2009, each annual appropriation made 
in accordance with the provisions of section 3 of Dingell-
Johnson shall be distributed on a percentage basis. Funds are 
distributed as follows:

------------------------------------------------------------------------

------------------------------------------------------------------------
Coastal Wetlands..........................                    18 percent
Boating Safety............................                    18 percent
Clean Vessel Act..........................                   1.9 percent
Boating Infrastructure....................                   1.9 percent
National Outreach and Communications......                   1.9 percent
Administration............................                   2.1 percent
------------------------------------------------------------------------

    Under Section 4104, funds are redistributed to supplement 
the 55.3 percent of each annual appropriation to be apportioned 
among the States under section 4(b) of this Act.
    Section 4107 provides for the redistribution of remaining 
funds from Section 12 of title 16 U.S.C. to supplement the 55.3 
percent of each annual appropriation to be apportioned among 
the States under section 4(b) of this Act (i.e., Puerto Rico, 
the District of Columbia, Guam, American Samoa, Commonwealth of 
the Northern Marina Islands and Virgin Islands).
    Sections 4105 and 4106 make necessary conforming changes as 
a result of this Title.
    Section 4108 provides, for each of fiscal year 2004 through 
2009, 0.9 percent of each annual appropriation for the 
Multistate Conservation Grant Program.

                                Hearings

    The Committee on Public Works and Environment held eight 
hearings, two field hearings and 4 symposiums during the 107th 
Congress to hear from the Administration, States, industry, and 
users of the surface transportation system for an overview of 
how TEA-21 worked and what issues needed to be addressed in 
reauthorization. A complete transcript of these hearings is 
contained in S. Hrg. 107-668, Parts I and II.

Partners for America's Transportation Future: Hearing to Examine 
        Lessons Learned From TEA-21 and Perspectives on Reauthorization 
        From the Federal, State and Local Level--January 24, 2002
    This kick-off hearing examined the state of the nation's 
transportation system, lessons learned in the 10 years since 
the passage of the Intermodal Surface Transportation Efficiency 
Act (ISTEA), and where the transportation program is headed.

                                PANEL I

    Honorable Norman Y. Mineta, Secretary, United States 
Department of Transportation.

    Secretary Mineta detailed five areas in which TEA-21 
benefited America's transportation system: predictability, 
equity and flexibility of funding; safety; mobility and system 
upgrading; application of innovative technologies; and quality 
of life. He praised TEA-21's 40 percent increase over ISTEA and 
noted that minimum guarantees and Highway Trust Fund firewalls, 
and flexible funding allowed States to meet their own needs, 
and innovative loan and grant programs strengthened 
infrastructure.
    The Secretary suggested several ways to build on the 
success of TEA-21. Among them: preserve funding flexibility; 
build on the intermodal approaches of ISTEA and TEA-21; expand 
innovative financing programs; and focus more on the management 
and performance of the system as a whole rather than on 
``inputs'' or the functional components such as planning, 
development, operation and maintenance themselves. Secretary 
Mineta also stressed that further safety improvements must be 
made because 41,000 deaths and over 3 million injuries suffered 
annually on highways is not acceptable.

                                PANEL II

    Chris Hart, Hillsborough County Florida Commissioner.
    Peter Clavell, Mayor, Burlington, Vermont.
    H. Brett Coles, Mayor, Boise, Idaho.
    Raymond C. Scheppach, Executive Director, National 
Governors Association.

    Raymand Scheppach, speaking on behalf of the National 
Governor's Association, voiced strong support for protection of 
the Highway Trust Fund. He also stated, ``The public 
transportation system is largely the responsibility of States 
and local governments. It is important that the next 
authorization should not weaken or preempt State authority.''
    Burlington, VT, Mayor Peter Clavelle spoke on behalf of the 
National League of Cities. He stated that ``one of the greatest 
successes of TEA-21 was the establishment of a direct link 
between gasoline taxes collected at the pump and Federal 
transportation spending.'' Mayor Clavelle voiced concern over 
transportation security, asking, ``Will the Federal Government 
be able to offer greater assistance to cities to meet their 
needs?'' He calls for all transportation taxes to be deposited 
into the highway trust fund. Federal-State financial matching 
relationships and innovative financing techniques such as tolls 
were also supported by Mayor Clavelle, as was local 
flexibility, instead of a ``one size fits all'' transportation 
program.
    Representing the United States Conference of Mayors, Boise 
Mayor H. Brent Coles revealed the results of a survey taken by 
40 mayors relating to TEA-21. The survey suggested that 
``States are reaching out to local governments under TEA-21.'' 
Further results listed the most important transportation 
priorities as system preservation (35 percent), congestion 
relief (20 percent), and new rail projects (15 percent). Mayor 
Coles then cited the formation of a new commuter rail project 
in Boise, called the Treasure Valley Partnership, as 
confirmation that TEA-21 is working.
    The National Association of Counties (NACo) was represented 
by Chris Hart, County Commissioner of Hillsborough County, 
Florida. He had a very favorable view of TEA-21, praising the 
flexibility that allowed for greater input from local 
officials. Commissioner Hart listed congestion, environmental 
streamlining, and investment in rural roads as chief concerns 
of NACo.

Subcommittee on Transportation, Infrastructure, and Nuclear Safety 
        Hearing Fiscal Year 2003 Budget and Highway Trust Fund--
        February 11, 2002
    TEA-21 created the concept of Revenue Aligned Budget 
Authority (RABA) to align spending from the highway account of 
the Highway Trust Fund (HTF) to revenue into the HTF. During 
the first few years of TEA-21, actual HTF receipts were higher 
than projected at the time of the legislation's passage. This 
resulted in an upward adjustment of the guaranteed funding 
levels set out in TEA-21.
    In fiscal year 2003, TEA-21 set the projected guaranteed 
funding level at $27.7 billion. However, HTF receipts did not 
meet anticipated revenues resulting in a negative RABA 
adjustment of $4.4 billion reflected in the President's fiscal 
year 2003 budget request. The President's budget request set 
the obligation limitation at $23.2 billion representing a $8.6 
billion decrease from the fiscal year 2002 funding level.

                                PANEL I

    Honorable Mary Peters, Administrator, Federal Highway 
Administration.
    Ms. Donna McLean, Assistant Secretary for Budget, US 
Department of Transportation.

    The Administrator stressed that the Federal-aid program 
should not abandon the RABA concept. Instead, as the 
reauthoriozation process advances, she urged Congress to work 
with the Administration to refine the process and eliminate the 
dramatic positive and negative fluctuations under the current 
program.

                                PANEL II

    Honorable Tom Stephens, Director, Nevada Department of 
Transportation.
    Carson City, NV (on behalf of the American Association of 
State Highway and Transportation Officials).
    Mr. Bill Fay, President and CEO, American Highway Users 
Alliance, Washington, DC.
    Mr. Tom Hill, Chief Executive, Oldcastle Materials, Inc., 
Washington, DC (on behalf of American Road and Transportation 
Builders Association).

    The non-Federal witnesses on the second panel focused their 
testimony on the need to correct the negative RABA adjustment 
and the impact of such a dramatic decrease in funding.
    Research Round Table Discussion on Reauthorization of 
Federal Surface Transportation Research Program Friday, March 
15, 2002

                              PARTICIPANTS

    Dr. Michael Walton, University of Texas in Austin.
    Mr. Robert E. Skinner, Executive Director, Transportation 
Research Board (TRB).
    Professor Elizabeth Deakin, University of California in 
Berkeley.
    Dr. Taylor Eighmy, Director, Recycled Material Resource 
Center at the University of New Hampshire.
    Mr. Scott Bernstein, President of the Center for 
Neighborhood Technology.
    Mr. Val Riva, President and CEO, American Concrete Pavement 
Association.
    Mr. David B. Carlson, President, Fred Carlson Company 
(testifying on behalf of the National Asphalt Pavement 
Association).
    Dr. Chelsea C. White, Georgia Institute of Technology 
(testifying on behalf of Intelligent Transportation Society of 
America (ITS)).
    Dr. Phillip J. Tarnoff, Institute of Transportation 
Engineers (ITE).
    Mr. Michael M. Ryan, Representing the Pennsylvania 
Department of Transportation (PennDOT) and the American 
Association of State Highway and Transportation Officials 
(AASHTO).
    Mr. Bud Wright and Mr. Dennis C. Judycki, Executive 
Director and Director of Research, Development and Technology, 
respectively, Federal Highway Administration (FHWA).

    Mr. Wright and Mr. Judycki both stressed the importance of 
research and technology. Funds for these activities were 
reduced under TEA-21, and this coupled with loss of flexibility 
caused by earmarks and designations impeded FHWA's ability to 
do research. The response to this was a re-emphasis on 
cooperation, information sharing and development of coordinated 
research agendas within the highway community. One of the 
successes cited as a result of this was the Long Term Pavement 
Program, to which the States provided $14 million through the 
National Cooperative Highway Research Program. In 1999, a 
national highway research and technology partnership created by 
FHWA, AASHTO and TRB formulated a collaborative national 
research and technology agenda, focusing on safety, 
infrastructure renewal, operations and mobility, planning and 
environment, and policy analysis and system monitoring.
    Mr. Skinner argued for a decentralized research program to 
match the decentralized surface transportation system, because 
``decentralized research programs allow the potential users of 
research results to participate at many different levels. 
Because the industry is so highly fragmented, a more 
centralized program would probably make it even more difficult 
to establish productive links between researchers and the users 
of research products.'' Mr. Skinner also states, ``The Federal 
role in highway research and technology is vital to highway 
innovation. Only the Federal Government has the resources to 
undertake and sustain high-risk but potentially high-payoff 
research, and only the Federal Government has the incentives to 
invest in long-term, fundamental research.'' He cites a 
Research and Technology Coordinating Committee report (TRB 
Special Report 261) in which suggestions are made for the 
improvement of FHWA'a research and technology program.
    The focus of Dr. Walton's testimony was the Future 
Strategic Highway Research Program (F-SHRP). TEA-21 had asked 
the National Research Council to convene a study group to 
``determine the goals, purposes, and research agenda'' for F-
SHRP. The resulting report, entitled Strategic Highway 
Research: Saving Lives, Reducing Congestion, Improving Quality 
of Life, recommended the establishment of an F-SHRP program 
comprised of four strategic areas: renewal, safety, 
reliability, and capacity. Renewal refers to ``developing a 
consistent systematic approach to performing highway renewal 
that is rapid, causes minimum disruption, and produces long-
life facilities it means get in, get out, and stay out on our 
highway.'' Reliability refers to ``provid[ing] highway users 
with reliable travel times by preventing and reducing the 
impact of non-recurring incidents.''
    Professor Deakin served as chair of the Surface 
Transportation Environmental Cooperative Research Board, which 
was created in 1999 through the TRB. The Board found that ``a 
major new investment in transportation-environmental research 
is needed to support the nation's growth and meet public 
expectations for improved transportation system performance.'' 
Six critical areas were identified to bring about this 
improvement: human health; ecology and natural systems; 
environmental and social justice; emerging technologies; land 
use; and planning and performance measures. Increased funding 
was also advocated by Professor Deakin.
    Mr. Riva outlined his key components for effective pavement 
research. He believed the research must be useful, that 
education and knowledge transfer is critical, that research 
must be conducted in a cooperative effort between the public 
and private sectors, that it must focus on pavement replacement 
and making due with existing facilities, and that the 
construction must be environmentally sensitive.
    Dr. Eighmy's testimony was centered on his four ``take 
home'' messages regarding recycled materials in the highway 
environment: (1) ``research on recycled materials is going to 
require strategic partnerships;'' (2) research done by these 
partnerships must be placed in the hands of decisionmakers 
within the highway community; (3) ``[t]hese research activities 
not only must produce more basic knowledge, but these tangible 
products that must also evolve have to be things like material 
specifications, performance specifications, best practices, 
guidance, evaluation methodologies policy analysis as research, 
and demonstration projects;'' and (4) ``a measurement of 
research success needs to be put in terms of actual use of the 
product by the highway community, particularly the State 
DOT's.''
    The focus of Mr. Bernstein's testimony was the five areas 
of TEA-21 in need of improvement in relation to its stated 
purposes (intermodalism, economic efficiency, environmental 
quality, and equity). The five areas were: (1) transparency or 
the ability to see clearly how resources are used; (2) data 
``good data should support good science and good decisions, but 
bad data is going to work the other way;'' (3) travel security 
(here Mr. Bernstein cited an American Travel survey which 
stated that 81 percent of trips over 100 miles are taken by 
car, and asks why surface transportation security efforts do 
not match those of aviation security); (4) the value of fixing 
it first, and preserving instead of replacing; and (5) 
transportation and household economics (here Mr. Bernstein 
suggested that the DOT track issues such as the financial 
impact on people based on how many cars they own).
    On behalf of the National Asphalt Pavement Association, Mr. 
Carlson advocated that Congress authorize a ``multi-year 
asphalt pavement research and technology program, managed by 
the FHWA, with oversight input from members of AASHTO and the 
hot mix asphalt industry.'' This would, according to Mr. 
Bernstein, ``result in highways that are safer and 
environmentally friendly, designed for perpetual use, and 
repair projects that are quick and reduce traffic congestion.''
    Dr. White specified four areas on which the ITS should 
focus, according to its National Transportation Systems Program 
Plan: ``an integrated network of transportation information 
that involves the instrumentation of major intersections and 
roads; advance crash avoidance technologies and automatic crash 
and incident detection, notification, and response; advanced 
transportation management systems that enable area-wide 
surveillance; and operational responses to traffic flow 
changes.''
    Six recommendations were outlined by Dr. Tarnoff for the 
purpose of improving TEA-21. These were: (1) funding for F-SHRP 
should be provided through a , of 1 percent take-down of 
Federal highway funds; (2) increase funding for the Transit 
Cooperative Research Program; (3) more focused research on 
intersection safety counteremeasures; (4) a study should be 
conducted by the Secretary of Transportation to identify the 
best practices of incorporating operations and safety into the 
planning process; (5) continue to fund the ITS research and 
development program; and (6) support the findings of TRB report 
261.
    Mr. Ryan detailed the two themes of AASHTO's Research 
Authorization Report. First is ``the need for enhanced 
fundamental, long-term higher risk research.'' Second is ``the 
need to do more aggressive training, technology transfer, and 
education.'' Mr. Ryan concluded by stressing that AASHTO 
supports many other programs that had been the subject of 
previous testimony, chief among them environmental quality and 
the Cooperative Research.

TEA-21 Reauthorization: Transportation Mobility, Congestion, and 
        Intermodalism, March 19, 2002

                                PANEL I

    Mr. C. Kenneth Orski, Director , MIT's International 
Mobility Observatory,
    Mr. Alan Pisarski, Chairman of the Transportation Research 
Board Committee on National Transportation Data Requirements, 
and Programs.
    Mr. Anthony Downs, Senior Fellow, Downs Institute.
    Mr. Fred Salvucci, Senior Lecturer at MIT (specializing in 
transportation).

    In his testimony, Mr. Orski provided an overview of nine 
areas that he felt had a large degree of consensus with the 
transportation industry and among the major stakeholder groups. 
These nine areas are: protecting the budgetary firewalls and 
guaranteed funding enjoyed by the highway and transit programs; 
giving States greater freedom to transfer funds between 
programs; a comprehensive strategy for addressing congestion is 
needed; providing administrative relief in the environmental 
review while not losing environmental protections; continued 
Federal support for intelligent transportation systems; 
providing funding for lower cost transit solutions such as bus 
rapid transit; allowing for the creation and funding of high 
occupancy tolls lane networks; providing for a national 
essential bus service network to provide greater national 
mobility; and examining and implementing refinements or new 
mechanisms to sustain the highway trust fund.
    Data was the central theme of the testimony of Mr. 
Pisarski. The trend lines show American's are still 
predominately using the automobile as their mode of choice. 
Transportation is and will always be about distance and time. 
Transportation's goal must be to reduce the impact of distance 
on the ability of society to act on its varying interests. We 
are now at the stage where it is the pressures of time that 
should be the great driver of transportation goals and issues 
for the future.
    Mr. Downs, the author of the book ``Stuck in Traffic'' 
testified specifically on the issue of congestion. Mr. Downs 
testified that there are positive social benefits to peak hour 
congestion that enable us as a society to pursue other goals 
such as where we live and work, living in low-density 
settlement patterns, and enjoying flexible means of movement. 
Mr. Downs provided data that demonstrated that the problem of 
congestion is getting worse around the country. Once congestion 
appears in a community there is very little that can be done to 
eliminate congestion all together. There are strategies that 
can be put in place such as incident management, ramp metering, 
the use of HOT lanes, adding capacity at bottlenecks, or moving 
closer to your workplace that can be employed to mitigate or 
diminish the effects of congestion.
    Mr. Salvucci's testimony examined the impact of the 
implementation of the Federal-aid highway program and its role 
in developing our surface transportation system. From his 
examination of the past and the current state of the 
transportation system, Mr. Salvucci suggested four areas that 
can improve our transportation system. These are: (1) 
establishing a new program to federally fund the cost of 
operating and maintaining the existing national highway system; 
(2) developing a new category of funding for the rebuilding and 
redevelopment of old infrastructure and mega-projects; (3) 
developing a new initiative to prioritize access to airports; 
and (4) developing a new program to provide Federal funding for 
improved paratransit service.

                                PANEL II

    Mr. Ron Sims, County Executive of King County, Washington.
    Mr. Tim Lomax, Research Engineer for the Texas 
Transportation Institute (TTI) at Texas A&M University.

    Mr. Sims testimony highlighted the role congestion is 
playing in urban areas. As an executive for a highly growing 
region, Mr. Sims has seen how population growth, development 
patterns, and lack of infrastructure investment can bring 
congestion problems to urban areas. The cost of congestion is 
one of the factors that a major employer in his area relocated 
their corporate headquarters. Mr. Sims provided three key 
recommendations to assist metropolitan areas mitigate the 
effects of congestion and keep areas competitive in the global 
economy. These are: (1) encouraging and promoting more flexible 
use of Federal funds for areas such as air quality 
improvements, ITS, and system operations; (2) the creation of 
geographically defined metropolitan transportation systems 
within which Federal fund would be targeted; and (3) targeting 
more Federal transportation dollars directly to metropolitan 
areas to combat congestion.
    Mr. Lomax, discussed a mechanism developed by the Texas 
Transportation Institute to measure and quantify congestion. 
According to TTI's studies, over the past 20 years American 
cities have not been able to keep pace with the demand brought 
by population and job growth. As a result, it now takes 
travelers in the top 75 metropolitan areas 185 percent longer 
to travel during peak periods. In 2000, travelers in these 
areas lost 3.6 billion hours to congestion. While road building 
can help to reduce the growth of traffic congestion, Mr. Lomax 
suggested that just funding roadway improvements will not solve 
our battle to curb congestion. A new balanced solution that 
examines and invests in all modes and in operation and demand 
aspects of the transportation system is a needed to fight the 
effects of ever growing congestion.

Symposium on Operations and Security in the Metropolitan Area--May 10, 
        2002
    This roundtable discussion focused on the importance of 
enhanced communications, coordination and deployment of ITS 
technology to assist traffic managers and law enforcement in 
handling local and national emergencies.

                              PARTICIPANTS

    Dr. Christine Johnson, Intelligent Transportation Systems, 
Federal Highway Administration.
    Mr. Henry Hungerbeeler, Director, Missouri Department of 
Transportation.
    Mr. John Njord, Exective Director, Utah Department of 
Transportation.
    Mr. Elwyn Tinklenberg, Commissioner, Minnesota Department 
of Transportation.
    Admiral Richard E. Bennis, Associate Undersecretary for 
Maritime and Land Security Transportation Security 
Administration.
    Mr. Jacob Snow, General Manager, Regional Transportation 
Commission of Southern Nevada (on behalf of the Association of 
Metropolitan Planning Organizations).
    Mr. Matthew Edelman, Executive Director, TRANSCOM, Jersey 
City, NJ.
    Mr. Steve Lockwood, Vice President, Parsons Brinckerhoff 
(on behalf of the Institute of Transportation Engineers).
    Dr. William D. Miller, Executive Director, Oklahoma 
Aeronautics and Space Commission.
    Mr. Jack Goldstein, Senior Vice President, Science 
Applications International Corp. (on behalf of ITS America).

    In their opening remarks, Senators Reid, Bond and Jeffords 
highlighted the importance of ITS and operations management to 
enhancing local and Federal response to emergencies. Senator 
Bond also noted the importance of ``waterway transportation 
systems'' and pointed out that ``one medium size tow on the 
Mississippi takes 870 trucks off the road . . . [resulting in] 
less highway congestion, less fuel burned, improved safety, 
cleaner air in the ozone non-attainment area os St. Louis, and 
less highway wear and tear.''
    Christine Johnson (FHWA) pointed out that two investments 
offer ``very high leverage in contributing'' solutions to the 
problems of security and congestion. These investments are 
``monitoring technology that yields real-time information on 
traffic speed and volume; on incident details . . . transit and 
emergency response fleet location; weather data; and emergency 
evacuation details.'' The second is investment in institutional 
infrastructure that routinely brings together transportation, 
public safety, and emergency managers to collaborate on 
planning for response to routine traffic incidents and to major 
emergencies, and to develop ways to communicate such 
information.
    Mr. Henry Hungerbeeler (Missouri Department of 
Transportation) noted that AASHTO's board of directors 
recommended that FEMA and Homeland Security support those 
``purely security-related costs that States will incur, and the 
Highway Trust Fund support those needs that serve multiple 
purposes, such as surface transportation, emergency response 
capabilities for major incidents on or off the transportation 
system.'' He also focused on defense mobilization needs, 
protection of highway assets, capabilities of the system for 
emergency response and special needs associated with the 
movement of goods.
    Mr. John Njord (Utah Department of Transportation) 
highlighted the fact that in the West, as compared to much of 
the rest of the Nation, States face enormous growth. He noted 
that over the past 10 years Utah had population growth of 30 
percent per year. Because of this Utah invested in a 
coordinated intelligent transportation system and has seen a 
reduction of delays on streets by up to 20 percent. Their ITS 
uses: closed circuit television cameras; congestion sensors; 
road pavement condition sensors; 511 traveler information; 
close coordination with highway patrols; and a web site which 
contains detailed traffic information. He recommended strong 
Federal support for ITS technology deployment. Mr. Njord also 
noted that ``there is not bigger 'bang for the buck' than ITS 
technology in reducing congestion and increasing air quality'' 
and thus he recommended that CMAQ funds be allowed to be used 
for more than 3 years' worth of operation.
    Mr. Tinglenberg (Minnesota Dept. of Transportation) echoed 
some of the remarks of Mr. Njord regarding the importance of 
ITS technology. He noted that communication is the best 
response to handling security problems and recommended ``the 
use of cameras and digital imaging systems, advanced signal 
integration systems . . 511 and C-vision, improved variable 
message capabilities.'' In terms of the reauthorization, he 
proposed strong financial support of ITS deployment and 
mentioned AASHTO's support for about $142 million per year. In 
addition, he favored funding of around $125 million per year 
for critical research and development regarding new ITS 
technologies. He also discussed ramp metering and noted that 
their metering system provided annual benefits of about $40 
million to our system.
    Mr. Snow, who testified on behalf of AMPO, noted that Las 
Vegas had ``100 percent growth in the last 10 years.'' He 
described the problems such tremendous growth creates. He 
strongly supported ``development of a performance-based 
management and operations element [regarding] regional 
transportation plans.'' He wanted DOT and Homeland Security to 
``assist in funding needed info-structure to provide data that 
will assess the system's effectiveness.'' He also recommended 
that the amount of funding provided to MPOs should increase to 
2 percent from the current level of 1 percent and that MPOs be 
allowed to flex funds from STP and CMAQ in support of ITS 
operations, and that these ``types of flex funds need to be 
sub-allocated to MPOs. . . .''
    Mr. Edelman, who represents a coalition of 18 agencies in 
New York, New Jersey and Connecticut, noted how the value of 
ITS was proven after the September 11 bombings of the World 
Trade Center in New York. He noted how ITS technology helped 
enforce the ban on single occupancy autos coming into 
Manhattan. Also, bus operators on the day of the attack ``were 
able to use our multi-agency video network to make the best use 
of their resources.'' In addition, his group ``used the I-95 
Coalition's network to advise drivers throughout the Northeast, 
linked to a massive deployment of traveler information systems, 
to avoid [certain areas].'' He called for more funding for 
ongoing operations and maintenance costs of ITS systems.
    Mr. Lockwood testified on behalf of the Institute of 
Transportation Engineers. He recommended that the Federal 
Government play an enhanced role in accelerating the evolution 
of incorporating systems management into State and local agency 
decisionmaking by clarifying support of Federal policy. He also 
urged supporting a higher priority for performance-oriented 
improvements; provision of appropriate funding flexibility; and 
promoting stronger operations oriented planning and multi-
jurisdictional partnerships at the regional level.
    Mr. Goldstein represented ITS America at the roundtable 
discussion and he noted that ITS technologies, already 
deployed, are ``being used to enhance the security of the 
Nation's surface transportation system.'' He pointed out that 
in addition to the technology deployed, system performance is 
``predicated on the ability of skilled transportation 
professionals to collect, analyze, and archive data about the 
performance of the system, during the hours of peak use.'' He 
concluded by stating that ITS America proposed the ``creation 
of a national transportation information network, which will 
link all existing and future metropolitan and rural 
transportation systems in the Nation into an integrated, yet 
distributed, data network.'' He recommended that Congress 
double funding for ITS operations in the reauthorization of 
TEA-21.
    Mr. Miller, of the Oklahoma Aeronautics and Space 
Commission, emphasized that America was faced with the 
``defender's disadvantage'' in that we must defend against all 
possible attacks, while the terrorist only has to find one 
weakness in our system. He noted that ITS technologies ``can be 
a powerful tool in aiding first responders and traffic 
managers, while assisting the efforts to secure our 
transportation infrastructure.'' In Oklahoma their multi-phase 
ITS integration program included a fiber optic communications 
backbone capable of integrating a myriad of ITS components, to 
enhance security and preparedness. Their program linked DOT, 
Federal , military and local agencies into this common 
communication backbone.

Transportation Planning and Smart Growth, May 15, 2002
    Under the current Federal surface transportation program, 
States and metropolitan areas engage in a planning process as a 
prerequisite to spending Federal-aid highway and transit funds. 
This full committee hearing examined the effectiveness of the 
current transportation planning program and explored ideas for 
the future.

                                PANEL I

    Ms. Cynthia Burbank, Program Manager, Planning and 
Environment, Federal Highway Administration (FHWA).
    Mr. Kenneth J. Leonard, Director, Division of 
Transportation Investment Management, Wisconsin Department of 
Transportation, Madison, WI (on behalf of the American 
Association of State Highway and Transportation Officials 
(AASHTO)).
    Mr. Ronald Kirby, Transportation Director, Metropolitan 
Washington Council of Governments, Washington, DC (on behalf of 
the Association of Metropolitan Planning Organizations (AMPO)).
    Mr. Peter Gregory, Executive Director, Two Rivers 
Ottauquechee Regional Commission, Woodstock, VT (on behalf of 
the National Association of Regional Council (NARC)).

                                PANEL II

    Mr. Andrew Cotugno, Planning Director, METRO, Portland, OR.
    Ms. Judith Espinosa, Director, Alliance for Transportation 
Research, Albuquerque, NM (on behalf of the Surface 
Transportation Policy Project).
    Ms. Jennifer Joy Wilson, President, National Stone, Sand 
and Gravel Association, Arlington, VA Wendell Cox, Wendell Cox 
Consultancy, Belleville, IL.
    Mr. Tom Downs, Director, National Center for Smart Growth 
Education and Research, University of Maryland, Baltimore, MD.

    The overall planning program received a good review from 
the witnesses on both panels. They testified that the planning 
provisions implemented since the passage of ISTEA have largely 
worked well and have encouraged improvements in transportation 
planning. The witnesses also offered varied critiques and 
suggestions for reauthorization.
    As it was a specific question posed to the witnesses, 
several commented on the requirement that States and MPOs draft 
financially constrained plans. Kenneth Leonard argued, ``The 
financial constraint requirement makes it difficult for States 
to make adjustments needed as to which projects can move 
forward to obligation and letting.'' He recommended increased 
flexibility related to financial constraint in State and 
Metropolitan Transportation Improvement Plans.
    Ronald Kirby, and others, considered the fiscal constraint 
requirements as among the most effective tools provided by 
ISTEA and TEA-21. Developing financially sound transportation 
plans and programs improved the credibility of MPOs' plans and 
``presented the public with a realistic view of what can be 
delivered in the way of transportation projects and services 
Any dilution of the fiscal constraint requirement may find us 
over-promising transportation improvements and losing our 
credibility with our customers.''
    The witnesses hailed the expansion of efforts to include 
the public and stakeholders in the transportation planning 
process. Looking to the future, the witnesses highlighted the 
importance of improving planning for freight transportation. 
They also noted TEA-21's emphasis on outreach to local 
officials. Peter Gregory, described Vermont's planning program, 
which depends on the State's regional planning commissions. 
``Each regional planning commission is guided by a 
transportation advisory committee (TAC) comprised primarily of 
locally elected officials. These local officials provide the 
Vermont Agency of Transportation (VTrans) with a regional 
transportation plan and prioritized projects in all modes.'' 
Mr. Gregory recommended that Congress encourage rural 
officials' involvement in the transportation planning process 
by developing new funding streams to provide guaranteed 
planning funding for rural areas and by ``adopting clear and 
concise law incorporating local governments into the 
transportation decisionmaking process.''
    Mr. Leonard presented a slightly different perspective on 
the balance of decisionmaking authority between the MPO, the 
State, and local officials. In his view, ``the Nation is well-
served by the current balance of responsibility for the 
development of highway, transit and intermodal projects, and 
AASHTO recommends that Congress maintain this balance and 
reaffirm the leadership role and authority of the States as 
TEA-21 is reauthorized.''
    The witnesses also addressed the importance of assistance 
provided by FHWA and FTA. FHWA and FTA continue to conduct 
training courses, provide technical assistance, support peer 
exchanges, identify best practices, and prepare case studies in 
order to assist the MPOs, State DOTs, and transit operators in 
implementing the planning provisions of ISTEA and TEA-21.
    Several witnesses mentioned the opportunities for gain 
presented by improved coordination among State and local 
planning agencies and environment and transportation officials. 
Several witnesses addressed the linkage between land use and 
transportation planning directly. Most reiterated that, 
ultimately, land use decisions are the responsibility of local 
and State officials. Ms. Burbank presented the Administration's 
view of smart growth and transportation planning: ``Land use 
and transportation have a symbiotic relationship. How 
development occurs can greatly influence regional travel 
patterns and, in turn, the degree of access provided by the 
transportation system can influence land use distribution Smart 
growth does not mean pitting transit or any other mode against 
highways It is not an issue of highways versus transit. It is 
an issue of expanding transportation choices and providing a 
balanced intermodal transportation system that allows for the 
efficient and economical movement of people and goods.''
    Joy Wilson emphasized this point as well: ``Investment and 
use of mass transit and public transportation whether buses or 
rail are necessary and important tools in our battle to solve 
congestion. But these tools need to be in some proportion to 
Americans' interest in using them, and should not be used as 
weapons against roads and vehicle use.''
    The witnesses explored the complex nature of the 
relationship between land use and transportation planning. 
Andrew Cotugno explained that the key to a successful 
integration of smart growth and transportation is the awareness 
of ``what land use goals are being pursued and how a planned 
transportation project will either lead the region closer to 
the goals or conflict or undermine the goals.''
    Wendell Cox, on the other hand, questioned the 
effectiveness of ``smart growth'' strategies. He argued, ``No 
problem has been identified of sufficient magnitude to justify 
the coercive smart growth strategies; two that there is little 
potential for reducing traffic congestion or increasing 
transportation choices for all but a few, mainly those going 
downtown through transit . . . And finally, smart growth 
strategies tend to intensify the very problems they are 
purported to solve.
    Several witnesses pointed out that extensive research, data 
collection, and data analysis are required to achieve that 
level of understanding. Judith Espinosa and Thomas Downs both 
discussed the shortage of current research regarding the 
linkage between land use and transportation and the inadequacy 
of the tools and methods used to analyze and address related 
problems. Recommended solutions included a significant 
commitment to research exploring these issues and improving 
relevant data sets. Ms. Espinosa and Mr. Downs also suggested a 
reemphasis in the transportation planning process to ensure 
that planners consider factors such as health, pedestrian 
trips, and land use impacts.
    Mr. Cotugno proposed three pillars for encouraging smart 
growth through the reauthorization bill. He described ways in 
which the FTA New Starts Program, the National Corridor 
Planning and Development Program, and the Transportation and 
Community and System Preservation Pilot Program could be 
enhanced to form a strong and comprehensive base for States to 
proactively address both land use and transportation concerns.
    Symposium on Transportation Safety (A Round Table 
Discussion to Examine Safety Programs Funded by the Highway 
Trust Fund)--June 14, 2002

                               PANELISTS

    Frederick Wright, Executive Director, Federal Highway 
Administration.
    Bruce Warner, Director, Oregon Department of transportation 
and Chairman of the Standing Committee on Highway Traffic 
Safety, AASHTO.
    William Walsh, National Highway Traffic Safety 
Administration.
    Edward Hamberger, President and CEO, Association of 
American Railroads.
    Tricia Roberts, Director, Delaware Office of Highway Safety 
(representing the National Association of Governors' Highway 
Safety Representatives).
    Brian Holmes (representing the American Road and 
Transportation Builders Association).
    Wendy Hamilton, National President, Mothers Against Drunk 
Driving.
    D.B. Hill, Chairman, Workzone Safety Committee, Associated 
General Contractors.
    Kathleen Holst, President, American Traffic Safety Services 
Association.

    Frederick Wright (FHWA) noted that over 41,000 lives are 
lost and 3 million injuries occur in roadway accidents each 
year. He states that to ``significantly reduce fatalities and 
injuries, we must use a comprehensive approach that addresses 
the roadway environment, driver behavior and the vehicle.'' He 
proposed regarding the roadways that investments should be 
targeted on ``run-off-the-road crashes, crashes at 
intersections, speed management, and pedestrian safety . . .'' 
He noted that Secretary Mineta believes that ``accurate crash 
data collection and analysis are essential to identify the most 
critical safety problems and to deploy the most effective 
countermeasures.''
    Bruce Warner (AASHTO) pointed out that after three decades 
of decline ``the reduction in highway fatality rates has 
stalled.'' He noted that ``40 percent of the fatalities are 
alcohol related; 20 percent are speed related; and only 73 
percent of the people use their seat belts . . . [and that] 
one-fourth of fatalities are at intersections; one-third of 
them are run-off-the-road accidents; and 45 percent of all the 
fatalities are on rural two-lane roads.'' He recommended that 
``investment in transportation safety should be almost 
doubled'' and that each State ``should develop goal-oriented, 
performance-based comprehensive highway safety component of its 
long-range plan, incorporating education, enforcement, 
emergency medical services and highway infrastructure 
improvements.''
    William Walsh (NHTSA) suggested that Congress and DOT; 
``one, streamline the grant program structure to reduce the 
administrative burden on the States; two, develop performance 
based programs to encourage States to direct resources to 
programs with the most significant safety benefits; three, 
reward States who make the most significant strides in 
improving safety; and four, design a balanced approach that 
recognizes the complexity of the problems . . . .''
    Mr. Hamberger (AAR) had ``one major issue before [the EPW] 
committee,'' he wanted to double funding for the section 130 
grade crossing protection and separation program to $300 
million. He noted that there ``are over 400 people a year 
killed at grade crossing incidents.''
    Ms. Tricia Roberts (National Assoc. of Gov's Highway Safety 
Reps) made five major proposals: 1) States should have the 
right to determine how Federal funds are spent within their 
States; 2) States should have ``fewer Federal programs to 
administer;'' 3) States need adequate resources to be able to 
effectively address safety problems; 4) States need timely, 
accurate and accessible data with which to make safety-related 
decisions; and last, States need to conduct more research on 
driver and road-user behaviors.
    Brian Holmes (ARTBA) pointed out that ``for every $1 
billion of investments by the public in government-financed 
road improvements, there has been a prevention of 1,400 
premature deaths and nearly 50,000 injuries.'' He noted that 
ARTBA recommends improving safety on rural two-lanes roads with 
a new $1 billion two-lane roads initiative; focusing and 
investing in highway and road construction work zone safety 
initiatives, where over 1,000 people are killed and 39,000 are 
injured each year; and continuing with the Federal investments 
in the Federal Roadway Infrastructure Safety Program.
    Wendy Hamilton (MADD) recommends that ``Congress should 
allocate at least $1 billion annually for the creation of a 
national traffic safety fund.'' She noted that in 2000, 
``16,650 people were killed in alcohol-related traffic 
accidents.'' She noted that ``the best defense against a drunk 
driver is a seat belt,'' and that there should be an increase 
in the percentage of highway construction funds to be 
redirected if a State does not comply with the section 154 open 
container law provision. She also recommended that States that 
do not enact section 154 (open container) and 164 (repeat 
offender) State laws should only be permitted to redirect funds 
for impaired driving programs.
    D.B. Hill (AGC) proposed that Congress include ``incentives 
for States to pursue work zone safety initiatives'' such as 
incentives ``to make widespread use of law enforcement officers 
and devices such as photo enforcement and radar.'' He noted 
that States ``should be directed to use positive barriers on 
high-risk projects . . . `` He also pointed out that motorists 
``must be aware there are increased dangers in the work zones 
to themselves and to workers.'' In addition, he recommended 
that work zones be divided into higher and lower-risk areas 
with appropriate enforcement and speed limits.
    Kathleen Holst (ATTSA) began by stating that ``five times 
more people have died on roadways since 1900 than in all our 
Nation's wars'' and that ``one child in 84 born today will die 
violently in a motor vehicle crash.'' She advocated a $3 
billion per year investment in a roadway safety program to 
aggressively counteract the ``role of the roadway itself in 
causing death and injury in America.'' Specially, ATTSA 
proposes to target risks and problems related to: older 
drivers, work zones, intersections, run-off-the-road crashes, 
pedestrians and bicyclists, speeding, research and emergency 
management.'' Ms. Holst concluded that ``the most important 
concept is the idea of creating a dedicated core roadway safety 
program . . . [along with] dedicating safety dollars that 
target low-cost safety improvements, such as wider pavement 
markings, brighter and more visible signage, rumble strips and 
modern guard rails.''

Transportation and Air Quality, July 30, 2002
    TEA-21 and the Clean Air Act include a variety of programs 
and provisions that encourage the close collaboration of 
transportation and air quality planners, and direct public and 
private investments toward projects, systems and technologies 
to reduce air pollution coming from the mobile source sector. 
These include the Congestion Mitigation and Air Quality 
improvement program (CMAQ), transportation conformity, and 
specific performance standards for vehicles, fuels and 
incentives for clean vehicle development.
    Through emission control technology, passenger vehicles 
have become substantially cleaner than they were prior to 1970. 
This trend will continue as new, low-sulfur fuel requirements 
are phased in over the next 3-7 years. All new light-duty 
trucks and sport utility vehicles (SUVs) will, by 2005, be 
required to achieve more stringent emissions performance, and 
by 2010, all new heavy duty diesel buses and trucks will be 
much cleaner. Past improvements in emissions performance have 
been compromised by increases in vehicle miles traveled (VMT), 
but that VMT effect is projected to be significantly less in 
the future. As a whole, mobile source sector emissions will 
continue declining into the future, though at a less rapid rate 
after 2020. However, as NOx emissions from large stationary 
sources are reduced under the NOx SIP Call and to attain the 
PM-2.5 standard, the mobile source sector's percentage of its 
contribution toward ozone formation and fine particulates in 
areas may increase over the next decade.

                                PANEL I

    Hon. Mary Peters, Administrator, Federal Highway 
Administration, U.S. Department of Transportation.
    Hon. Jeffrey Holmstead, Assistant Administrator, U.S. 
Environmental Protection Agency.

    Administrator Peters testified that air quality problems 
linked to transportation require flexible, multi-level 
solutions. She described the benefits of and the working of the 
CMAQ program, including the various eligible project types, 
such as ride-sharing, ITS implementation and emission 
inspection and maintenance. She also indicated that CMAQ 
supports experimentation by the States and the MPOs to meet 
travel demand in the most environmentally sensitive ways and 
has encouraged cooperation between transportation and air 
quality agencies. Ms. Peters stated that stronger institutional 
links between transportation and air quality planning agencies 
have been created, but suggested that air quality models used 
in conformity are imprecise and that transportation and air 
quality planning cycles could be better synchronized.
    Administrator Holmstead testified that the new cars 
purchased today are more than 95 percent cleaner than cars 
purchased 30 years ago. He stated that concentrations of the 
four criteria pollutants most affected by the transportation 
sector, carbon monoxide, nitrogen dioxide, ozone and 
particulate matter, have all declined substantially since 1970. 
He said that in 2004, all new cars, light trucks, minivans and 
SUVs will have to meet the same stringent emission standards. 
Beginning in 2007, heavy duty diesel trucks and buses will be 
required reduce emissions of particulates and NOx by 90 percent 
and 95 percent respectively. He said that these emissions 
reductions are possible in large part due to requirements for 
cleaner gasoline and diesel fuel. Mr. Holmstead said that, 
within the next 2 years, EPA will be setting the same types of 
emission performance standards for non-road diesel engines, 
such as construction equipment. He testified that cleaner cars 
and fuels alone are insufficient to achieve the emissions 
improvements that are necessary to attain the national ambient 
air quality standards. Transportation conformity and CMAQ are 
important programs that help achieve attainment, but could be 
improved by directing CMAQ funds to areas that do not attain 
the PM-2.5 standard.

                                PANEL II

    Mr. Scott Johnstone, Secretary, Vermont Agency for Natural 
Resources.
    Mr. Ron Harris, County Judge, Collin County, Texas.
    Ms. Lynn Terry, Deputy Executive Officer, California Air 
Resources Board.
    Mr. James Stephenson, President, Yancy Brothers Company, 
Atlanta, Georgia.
    Mr. Michael Replogle, Transportation Director, 
Environmental Defense.

    Mr. Scott Johnstone testified that while Vermont is 
currently attaining the national ambient air quality standards, 
surface transportation is the largest in-State source of air 
pollution. He stated that air toxics contribute significantly 
to the formation of ground level ozone and, in Vermont, 
represent an area of air quality where the State's standards 
are not being met. He recommended that TEA-21 reauthorization 
legislation should require CMAQ to incorporating fine 
particulate matter, air toxics, and greenhouse gases in the 
allocation and eligibility criteria. Greenhouse gas reduction 
goals and incentives could be tracked by monitoring vehicle 
miles traveled due to transportation projects. He further 
recommended that the committee consider land use effects of 
transportation projects, and consider allocating funding that 
will provide incentives for grid patterns and public transit 
projects that would improve land use, reduce congestion, 
improve air quality, and encourage smarter growth.
    Mr. Ron Harris testified that efforts under the CMAQ 
program have been a significant help in the north Texas area, 
particularly with HOV lanes. He recommended that 
reauthorization legislation encourage intelligent 
transportation systems and coordination of multiple 
jurisdictions. He encouraged the EPA to continue working to 
clean up off-road equipment and recommended that incentives for 
diesel retrofits be provided.
    Ms. Lynn Terry testified that transportation conformity is 
critical to ensure that health based air quality standards are 
met in the required timeframe. She stated that the process 
requires looking at emissions today as well as in the future, 
to ensure that we continue clean air progress as our population 
and economy grow. She encouraged the committee to consider 
steps to make the implementation of transportation control 
measures more flexible. She indicated that the most difficult 
problem with the current conformity process is the inability to 
take new information into account in a workable way. She 
suggested more frequent updating of SIPs and a better 
synchronization of transportation plans and SIPs.
    Mr. James Stephenson testified that Government agencies 
must have more flexibility in administering the conformity 
process and the public needs more predictability in the 
planning process. He stated that conformity lapses do not occur 
due to severe clean air problems, but because of missed 
deadlines and paperwork problems.
    Mr. Michael Replogle testified that over 160 million people 
still live in areas of the country with poor air quality. He 
said that people living near big roads can face cancer risks as 
high as 1 in 500 from air toxics. He stated that transportation 
conformity has only really begun to be implemented as many 
ozone attainment SIPs were adopted only last year. He testified 
that Congress' requirement that transportation decisions must 
conform with SIPs has improved air quality accounting and 
spurred investments in cleaner fuels, vehicles and maintenance, 
and encourage transportation choices and smart growth that cuts 
traffic and pollution. He recommended that reauthorization 
legislation should increase funding for CMAQ dramatically, 
ensure that frequency of conformity determinations supports 
timely attainment of air quality standards and encourage easy 
adoption of transportation control measures.

Subcommittee on Transportation, Infrastructure, and Nuclear Safety 
        Hearing Western Transportation Issues Reno, Nevada, August 8, 
        2002
    The Subcommittee conducted a field hearing in Reno, NV, to 
examine the State of Nevada's transportation needs and review 
the Federal Lands Highway Program. The greater part of all 
Federal and tribal lands is located in the 13 western-most 
States.
    In his opening statement, Subcommittee Chairman Reid stated 
that Southern Nevada's explosive growth over the last decade 
presented unique opportunities and challenges for the State's 
transportation officials. Senator Reid also pointed out that no 
State has a higher percentage of Federal land than Nevada. Of 
Nevada's land mass, 87 percent is Federal land.

                                PANEL I

    Hon. Mary Peters, Administrator, Federal Highway 
Administration, U.S. Department of Transportation.

    Administrator Peters gave a brief outline of the Federal 
lands program. She stated that from fiscal years 1998 to 2002, 
about 66 percent of the Federal lands highway funds allocated 
went to projects located in the 13 western-most States. 
Administrator Peters and Chairman Reid also discussed the 
completion of the Hoover Dam Bypass and the importance of this 
project to the movement of goods and people in Southern Nevada 
and accross the southwestern United States.

                                PANEL II

    Hon. Tom Stephens, Director, Nevada Department of 
Transportation, Carson City, NV.
    Mr. Greg Krause, Executive Director, Washoe County Regional 
Transportation Commission, Reno, NV.
    Mr. Juan Palma, Executive Director, Tahoe Regional Planning 
Agency, Zephyr Cove, NV.
    Mr. Gary Carano, Nevada Resort Association, Reno, NV.

    Mr. Stephens highlighted the importance of considering the 
western perspective in this reauthorization cycle. ``One size 
does not fit all, and the west is considerably different than 
the rest of the country.'' He pointed out that Nevada is the 
fastest growing State in the union, growing 66 percent over the 
last decade. While congestion continues to be an issue, Nevada 
is not ignoring is maintenance responsibilities. The State will 
spend more than half of its construction dollars on 
maintenance.
    Mr. Palma testified of the State's continued efforts to 
preserve the ``national treasure'' of Lake Tahoe. Millions have 
been spent to improve roads around the lake and improve 
stormwater runoff collection.
    Mr. Krause testified about Washoe County's efforts to 
improve mobility through increased investment in transit and 
improved system operations through the use of intelligent 
transportation systems. Mr. Krause also spoke a the State's 
responsibility to ``take on our burdens and shoulder our share 
at the local level.'' As part of this process, Mr. Krause spoke 
of a ballot initiative to allow for the indexing of local gas 
taxes to inflation.
    Mr. Carano spoke of the importance of a well-maintained 
transportation system and its relationship to Nevada's thriving 
travel and tourism industry. Mr. Carano specifically mentioned 
the importance of maintaining Interstate 80 for the Northern 
Nevada economy.

                               PANEL III

    Hon. Bruce Warner, Director, Oregon Department of 
Transportation, Salem, OR.
    Hon. John H. Milton, Commissioner, Humboldt County, 
Winnemucca, NV.
    Ms. Robyn Burdette, Chairwoman, Summit Lake Paiute Tribe, 
Winnemucca, NV.

    Mr. Warner talked about the importance of the Federal lands 
program in the West. He also discussed at length the need to 
find new methods of financing transportation in the future. He 
encouraged Congress to create a ``pilot study that would 
promote research and testing of new methods for financing 
transportation.''
    Mr. Milton highlighted Humboldt County's difficulty in 
funding road projects given because over 70 percent of Humboldt 
County's transportation system serves Federal lands which do 
not generate revenue.
    Ms. Burdette testified of the importance of the Indian 
Reservation Road program and called for increased program 
funding. She expressed the Nevada tribes' interest in 
continuing and enhancing their partnership with the State of 
Nevada. She also addressed the problem of rural road safety and 
the need for a targeted safety program for Indian Reservation 
Roads.

Examination of the Unique Transportation Needs of Small Town and Rural 
        America, Montpelier, Vermont, August 20, 2002
    This field hearing focused on the unique transportation 
needs of Rural America. Witnesses brought a national and 
northeastern regional perspective to the topic.

                              PARTICIPANTS

    Honorable Michael Jackson, Deputy Secretary, U.S. 
Department of Transportation, Washington, DC.
    Honorable Brian Searles, Secretary, Vermont Agency of 
Transportation, Montpelier, VT.
    Mr. Raymond S. Burton, Executive Councilor, Woodville, NH.
    Honorable Richard Pembroke, Chairman, Vermont House 
Committee on Transportation, Bennington, VT.
    Hon. Richard Mazza, Chairman, Vermont Senate Committee on 
Transportation, Colchester, VT.
    Mr. Thomas Adler, Northeast Transportation Institute and 
Museum, White River, Junction, Vermont
    Ms. Debra Ricker, Associated General Contractors of 
Vermont, Barre, VT.
    Mr. Paul Bruhn, Preservation Trust of Vermont, Burlington, 
VT.
    Mr. Matthew Sternberg, Executive Director, Rutland 
Redevelopment Authority, Rutland, VT.

    Secretary Jackson established the importance of the 
hearing, stating: ``The rural community has very, very strong 
and pronounced needs to access transportation in this country. 
21 percent of the population lives in rural communities, and 18 
percent of the jobs, and many of those people don't have access 
to transportation to get to their jobs when they must leave 
their home.''
    Vermont Transportation Secretary Brian Searles offered 
testimony on behalf of the American Association of State 
Highway and Transportation Officials (AASHTO), and pointed to 
the disproportionate highway safety challenges in rural 
America, stating, ``rural two-lane safety is a concern for 
AASHTO members. The General Accounting Office recently reported 
that although 40 percent of all vehicle miles are traveled on 
rural roads, 60 percent of traffic fatalities in 1999 occurred 
on rural roads. Funding should be increased to improve safety 
of rural roads, both State and local. AASHTO urges that the 
highway program be increased over 6 years to $41 billion 
annually. From this, an additional $1 billion annually should 
be dedicated to safety.''
    The State officials appearing before the committee each 
expressed the need for increased funding, especially to ensure 
proper maintenance of the Interstate System. Vermont's 
Secretary Searles observed, ``parts of our interstate system 
are 40 years old and need repair. A recent needs assessment of 
Vermont's 320 miles of Eisenhower Interstate System showed that 
an investment of $74 million was needed just to bring the 
system up to Federal standards. Simply put, we cannot afford 
that kind of investment and meet our other commitments/needs on 
our national highway systems and State highway systems.''
    Senator Mazza concurred, ``Our economy relies heavily on 
interstate trade and travel. Interstate 89 and 91 are the 
lifeline for much of the State. We face enormous reconstruction 
and repair costs on our interstate. Vermont's northern border 
with Canada has felt the effects of NAFTA and its attendant 
growth in freight movement. International freight also moves 
through Vermont from neighboring New York. Replacement of the 
Missisquoi Bridge, at a staggering cost by Vermont standards, 
is essential to support our international trade.''
    Speaking on behalf or the Associated General Contractors, 
Debra Ricker argued for greater emphasis on asset management to 
address the maintenance challenge faced by rural areas: ``To 
properly account for infrastructure assets, governments must 
develop an asset management plan which at a minimum should 
identify the condition of pavements, structures, and 
facilities. That plan should include deterioration rates for 
those assets so that a determination can be made for the annual 
funds necessary to maintain those assets at a recommended level 
of performance. This whole issue of asset management is 
important to getting the optimum level of results from our 
expenditures while maintaining our infrastructure. In short, 
getting the biggest bang for the buck.''
    Witnesses endorsed features of the current program. 
Representative Pembroke talked about the value of the planning: 
``The toughest part of my job as chairman (of the Vermont House 
Transportation Committee) is distributing dollars among the 
many competing transportation needs in Vermont. Looking back, I 
think that we have been able to do that in a fair and a 
productive way, and we have used the planning provisions of the 
Federal law to get the job done. The direction of the law to 
emphasize planning from the bottom up has definitely been the 
right decision . . . As a result of the success of the project 
manager system which we directed the agency to institute, and 
taking advantage of the advanced construction provisions of the 
Federal law, I leave my chairmanship with enough shelf projects 
to consume a year's worth of Vermont Federal appropriation.''
    Paul Brauhn spoke in support of the benefits provided by 
the enhancements program and design flexibility for rural areas 
and small towns in America: ``I'd like to emphasize how 
important the enactment of ISTEA has been in encouraging a real 
transformation within State agencies of transportation 
nationwide. There's been a broadening of their mission from the 
important one of building roads for safe and efficient movement 
of cars and trucks to acknowledging the significant impact that 
transportation projects have on people and communities . . . 
the new design standards which were enabled by this new policy 
within the new Federal policy that allowed the States to 
develop new design standards. We've done that here in Vermont; 
it's been very successful. It hasn't solved all of our problems 
or all of the concerns, but it's provided a vehicle for a 
flexible system for providing transportation, meeting community 
needs, and not overwhelming some of our communities.'' 
Regarding the enhancement program, Brauhn said: ``It's been one 
of ISTEA's truly outstanding success stories. To make use of 
the program's 12 activities to improve the esthetics and 
amenities associated with travel on the highways and also to 
build new and better partnerships with State transportation 
agencies.''

Joint Subcommittee Hearing on Freight and Intermodal Transportation, 
        September 9, 2002
    The Senate Committee Environment and Public Works' 
Subcommittee on Transportation, Infrastructure, and Nuclear 
Safety and the Committee on Commerce, Science, and 
Transportation's Subcommittee on Surface Transportation and 
Merchant Marine held a hearing on September 9, 2002 to learn 
about freight movement in the United States and how goods move 
between the modes as it moves from its origin to its 
destination.

                                PANEL I

    Mr. Jeffery Shane, Deputy Secretary for Policy, United 
States Department of Transportation.
    Ms. JayEtta Hecker, Director of the Infrastructure Group, 
United States General Accounting Office.

    In his testimony, Mr. Shane provided an overview of freight 
movement in the United States. He testified that in 1998 the 
United State transportation system carried nearly 4 trillion 
ton-miles of freight valued at over $9 trillion. By the year 
2020, forecasters predict that the US transportation system 
will handle cargo valued at over $28 trillion. In order to 
accommodate such a dramatic growth in the movement of goods, 
the administration would try to do the following during 
reauthorization: (1) preserve funding flexibility to allow the 
broadest application of funds to transportation solutions; (2) 
Strengthen the efficiency and integration of the Nation's 
system of goods movement by improving international gateways 
and points of intermodal connection; (3) focus more on the 
management and performance of the system; (4) develop the data 
and analyses critical to sound transportation decisionmaking; 
(5) foster the development and deployment of technology to 
support intermodal freight security, productivity, and safety; 
and (6) expand and improve innovative financing programs in 
order to encourage greater private investment in the 
transportation system.
    Maritime transportation was the focus of Ms. Hecker's 
testimony. She recommended the establishment of nation goals as 
the related to maritime transportation and that a clearly 
defined Federal role relative to other stakeholders. She also 
called for a mechanism to determine funding tools and other 
approaches that will maximize the impact of any Federal 
investment.

                                PANEL II

    Ms. Katie Dusenberry, Chairperson, Arizona Department of 
Transportation Board.
    Mr. Michael Wickman, Chairman and CEO, Roadway Express.
    Mr. Edward Hamberger, President, Association of American 
Railroads.
    Mr. Rick Larrabee, Director, Port Commerce at the Port 
Authority of New York and New Jersey.
    Mr. Michael Huerta, Senior Vice President and Managing 
Director, ASC State and Local Solutions.
    Mr. John Caruthers, Jr., Chairman, I-69 Mid-Continent 
Highway Coalition.

    Ms. Dusenberry testified about the conditions surrounding 
the movement of goods and people in and around the Hoover Dam 
area. The Hoover Dam is very important for its management of 
water resources and its generation of electrical power but its 
critical role it plays in transportion. Traffic moves over the 
dam as a bridge connecting the States of Arizona and Nevada. 
Since 9/11/01, the road on the Hoover Dam has been closed to 
commercial trucking causing 2,100 trucks per day to take at 
least a 23 mile detour. She recommended that the committees 
provide funding to complete work on a new bridge span at the 
Hoover Dam.
    Mr. Wickman's testimony provided insight in the movement of 
goods through motor vehicles. He testified that nearly 60 
percent of goods moving through America's border are moved by 
truck. As freight movement in America increases, there will be 
a greater number of trucks moving on our nation's roadways. 
Congress needs to ensure that there are safe, effective, and 
efficient procedures in place to screen freight moving in and 
around our country. Our nation's economy depends on goods 
getting to the appropriate location on time. Without 
improvements in process and technology, we will not be able to 
keep pace.
    Mr. Hamberger's testimony highlighted the growing role of 
rail in the movement of goods in America. Through the use of 
intermodal containers that allow goods to easily move between 
rail and trucks, the rail industry has been able to see a 
steady increase in the number of units of freight they move. 
Mr. Hamberger provided nine recommendations that the freight 
stakeholder coalition is unified behind. These are: (1) 
protecting the integrity of the Highway Trust Fund; (2) 
dedicating fund to the NHS intermodal connectors; (3) 
establishing a national freight industry advisory group; (4) 
creating and funding a Freight Cooperative Research Program; 
(5) expanding freight planning expertise at the State and local 
levels; (6) developing ways to increase available funds without 
new user fees and taxes; (7) significantly increase funds for 
an expedited corridor/border and gateway program; (8) 
streamlining environmental permitting for freight projects; and 
(9) increasing funding and promote the use of CMAQ for freight 
projects.
    Mr. Larrabee described the operations of the Port Authority 
of New York and New Jersey. In doing so, he made seven points 
for the consideration of the committees. These are: (1) there 
is a need for continued attention to the maritime 
transportation system; (2) congestion and other bottlenecks to 
efficient transportation need to be addressed; (3) the Nation 
must work for improvements in the transportation system to 
accommodate the expected increases in freight movement; (4) 
Congress must look at all modes include water bourn 
transportation to handle the volume of goods that are being 
moved; (5) continued support of the use of CMAQ for freight and 
programs such as the Borders/Corridors Programs is needed; (6) 
improvements to freight corridors can also have tremendous 
benefits to the traveling public; and (7) the use of 
intelligent technology has proven very worthwhile and its use 
should be promoted.
    Mr. Huerta's testimony provided an overview of how the 
Borders and Corridors program authorized in TEA-21 has worked. 
He testified that while the concept of the program was sound, 
the program has fallen short of its intended goals. Congress 
should provide more funding to make these programs work 
effectively and reduce the earmarking of these programs during 
the annual appropriations process.
    Mr. Caruthers, discussed the I-69 corridor. The I-69 
corridor was designated as a congressional High Priority 
Corridor in both ISTEA and TEA-21. While there are several 
segments of this roadway that are complete, many portions of 
the roadway are not in place. Completion of the Corridor 18 
portion of I-69 is projected to save 3100 lives, avoid 158,00 
injuries, and 409,000 property damage accidents. Congress 
should provide more funding to the Borders and Corridors 
program so State can work together to complete vital trade 
routes such as I-69.

Project Delivery and Environmental Stewardship, September 19, 2002
    The term ``Project Delivery'' refers to the myriad steps 
required to complete transportation projects. As congestion has 
emerged as a priority concern across the country, timely 
completion of transportation projects have taken on greater 
urgency. A number of transportation stakeholders, including 
State Departments of Transportation and State resource agency 
officials, have begun to approach Project Delivery, and the 
environmental component of that process, as an opportunity to 
create broad benefit for communities and the environment. 
Senator Smith and his staff explored this more affirmative 
notion of Environmental Stewardship and identified examples of 
best practices from around the country. At this hearing, State 
and local officials and practitioners described their efforts 
to both streamline and improve the outcomes of the 
environmental process. Although the witnesses often emphasized 
different techniques for accomplishing the shared goal of 
designing and completing transportation projects without 
sacrificing the environment, they discussed many of the same 
approaches.

                                PANEL I

    Mr. Emil Frankel, Assistant Secretary for Transportation 
Policy, U.S. Department of Transportation Washington, DC.
    Mr. John Suarez, Assistant Administrator, Office of 
Enforcement, Compliance, and Assurance U.S. Environmental 
Protection Agency, Washington, DC.
    Mr. Kenneth Mead, Inspector General, U.S. Department of 
Transportation, Washington, DC.
    Ms. Kate Siggerud, Acting Director of Physical 
Infrastructure Issues, General Accounting Office Washington, 
DC.

                                PANEL II

    Ms. Carol Murray, Commissioner, New Hampshire Department of 
Transportation, Concord, NH.
    Mr. Kenneth Morefield, Assistant Secretary for Planning and 
Engineering, Florida Department of Transportation, Tallahassee, 
FL.
    Ms. Emily Wadhams, State Historic Preservation Officer, 
Vermont Department of Housing and Community Affairs, 
Montpelier, VT.
    Mr. Hal Kassoff, Vice President of Highway Programs, 
Parsons Brinckerhoff, Washington, DC (on behalf of the American 
Council of Engineering Companies).
    Mr. Charles Hales, Transit Planning Principal, HDR Inc., 
Portland, OR.

    Emil Frankel pointed out in his testimony, ``Issues 
confronted in one project will often vary substantially from 
those in another seemingly similar project The nature and 
complexity of the issues mean that blanket solutions have 
proved very elusive.'' Many of the witnesses highlighted 
examples of innovative processes around the country that have 
improved project delivery while successfully promoting 
environmental stewardship. Ken Morefield described Florida's 
``Efficient Transportation Decision Making Process'' (ETDM). 
Mr. Morefield testified that the ETDM process in Florida 
accomplishes the directives of Section 1309 of TEA-21 and the 
National Environmental Policy Act. While this program of task 
forces, technological innovation, and early stakeholder and 
public involvement has helped Florida improve its 
transportation planning and construction process, Mr. Morefield 
reminded the committee that Florida DOT does ``not promote it 
as one that will fit every State.'' He does not advise ``one-
size-fits-all'' approach to project delivery and environmental 
stewardship.
    Emily Wadhams discussed Vermont's innovative approach to 
expediting historic preservation reviews of transportation 
projects. Vermont developed a Programmatic Agreement (PA) that 
creates an alternative review process for transportation 
projects under Section 106 of the National Historic 
Preservation Act. This innovative approach arose from the 
understanding that the Agency of Transportation (AOT) and the 
State Historic Preservation Office (SHPO) share two mutual 
goals: to improve project delivery and to preserve the State's 
historic resources. Under the PA, ``the State Historic 
Preservation Officer has delegated the review and sign-off 
authority to qualified historic preservation professionals 
within the Vermont AOT for all State and Federal transportation 
undertakings.'' The agreement uses qualified historic 
preservation professionals within AOT to provide the 
appropriate level of consideration for historic and 
archeological resources in transportation project planning. AOT 
and SHPO staff worked collaboratively to determine exactly how 
the review process would work under the PA. They developed the 
PA Manual, which ``clarified or developed procedures and other 
guidance to define how resources should be evaluated and 
treated in the Section 106 process.''
    While many of the hearing witnesses identified unique, 
State-specific efforts to improve project delivery and 
environmental stewardship, some recommendations were reiterated 
throughout the hearing: early public and stakeholder 
involvement in project planning; improved interagency 
cooperation, including resource agency involvement during 
project planning and design phases; additional funding and 
technical assistance from FHWA to facilitate streamlining and 
stewardship efforts in the States; and development and use of 
new technologies to better integrate resource and community 
needs into a comprehensive planning process.
    While the committee heard some consistent recommendations 
from witnesses, the question of project delivery also inspires 
disagreement among practitioners, stakeholders, advocates, and 
elected officials. Senator Wyden stated his commitment to 
working within the confines of current law: ``I am prepared, as 
long as I've got any breath in this body, to stay at it 
administratively to try and get it right.'' Senator Baucus, on 
the other hand, ``would like to see us specifically legislate 
environmental streamlining no waiting for regulations or more 
Executive Orders. Congress needs to be clear about what they 
need to see and put it into law.''
    Charlie Hales testified, ``Environmental review 
requirements, well integrated and well administered, help 
assure that good projects are advanced with public support, 
avoiding adverse impacts and mitigating unavoidable impacts. 
This translates into public acceptance and smoother 
permitting.'' Hal Kassoff presented an opposing view, ``Those 
who argue that the environmental review process is not a 
significant cause of delay and that funding constraints and 
mismanagement are the real problems, are distorting reality.''
    Concern over project delivery is not a new issue. As the 
witnesses described, TEA 21 included provisions to expedite 
project delivery. For most observers, timeliness has been the 
principal concern. Today, it can take from 9 to 19 years to go 
from concept to completion on a major project. The Project 
Delivery and Environmental Stewardship hearing presented the 
committee with a myriad of identified challenges and potential 
solutions to a complex and contentious issue.

Innovative Financing: Beyond the Highway Trust Fund, September 25, 2002

                               PANELISTS

    Hon. Phyllis Scheinberg, Deputy Assistant Secretary for 
Budget and Programs, U.S. Department of Transportation, 
Washington, DC.
    Hon. Janice Hahn, Councilwoman, city of Los Angeles, Los 
Angeles, CA.
    Hon. Peter Rahn, Secretary, U.S. Department of 
Transportation, Sante Fe, NM.
    JayEtta Hecker, Director of Physical Infrastructure Issues, 
General Accounting Office, Washington, DC.
    John Horsely, Executive Director, American Association of 
State Highway and Transportation Officials.
    Jeff Carey, from Merrill Lynch, New York, NY.
    David Seltzer, from Mercator Advisors, Philadelphia, PA.

    In summary, the witnesses reinforced the need to diversify 
transportation finance. They define terms, provided methods for 
evaluating alternative approaches and cited recent examples of 
the successful application of innovative financing techniques.
    Secretary Scheinberg highlighted the Administration's 
perspectives as follows, ``We see the primary objectives of 
innovative finance as leveraging Federal resources, improving 
utilization of existing funds, accelerating construction 
timetables, and attracting non-Federal investment in major 
projects. She highlighted three major innovative finance 
programs: the Transportation Infrastructure Finance and 
Innovation Program, or TIFIA, Grant Anticipation Revenue 
Vehicles, or GARVEE bonds, and State Infrastructure Banks, or 
SIBs.
    She noted that the use of TIFIA, GARVEEs and SIBs are 
moving from innovative to mainstream which is an indicator of 
success, but it does not means that the needs of project 
finance have been completely met.
    David Seltzer advised the committee members on fundamental 
considerations when evaluating finance policy options: ``Your 
two committees have at their disposal, really, three approaches 
that may be used to advance infrastructure projects: regulatory 
incentives, Tax Code incentives, and credit incentives.'' He 
stated that for any of these tools to be successful, three 
groups of stakeholders have to be satisfied simultaneously: 
project sponsors, the investor and the Federal policymaker. In 
response to a comment by Senator Jeffords about identifying new 
sources of investments, Mr. Seltzer noted the a possible new 
investor in transportation financing would be pension funds 
which represent some $3.6 trillion in assets. At this point 
there are virtually no U.S. transportation projects in their 
portfolios. The principal reason for this is that the primary 
financing vehicle of tax-exempt bonds does not appeal to tax-
exempt entities such as pension funds. However, something like 
tax credit bonds, where the principal could be sold to, say, a 
pension fund and the tax credits decoupled and sold to other 
investors may be marketable.
    Jayetta Hecker drew on recent General Accounting Office 
studies to advise the members on limitations and cautions 
regarding the use of innovative finance tools: ``The 
limitations on the use of these tools are real. The biggest 
one, of course, is States' willingness and authority. You have 
a lot of States that are very cautious about debt financing and 
financing projects in a manner other than on a pay-as-you-go 
basis. There is also a skill issue. This is a brand-new kind of 
skill, financing and bond market specialists. It is very 
different than highway engineering. Also, it is mostly affected 
by legislators at the State level or the local level and their 
willingness to look at these different tools. There are also 
limitations in Federal and State law. The application of TIFIA 
is limited to projects costing over $100 million. Only 5 States 
are allowed to use TEA-21 funds to capitalize their SIBs. Then 
there are State laws that restrict public/private partnerships 
and, of course, there are Federal tax policies on private 
activity bonds. So, there are a whole range of factors that are 
really behind some of the limitations in the extensive 
application of these new tools.
    Janice Hahn described successful efforts to apply the 
innovative finance concepts through the Alameda Corridor 
Transportation Authority (ACTA) : ``ACTA consolidated four 
branch lines serving the ports into a 20-mile freight rail 
expressway that is completely grade separated, including a 10-
mile long 30-foot trench that runs through older, economically 
disadvantaged industrial neighborhoods south of downtown Los 
Angeles. The linchpin of ACTA's funding plan was designation of 
the Alameda Corridor as a high-priority corridor in the 1995 
National Highway System's Designation Act. That designation 
cleared the way for Congress to appropriate $59 million needed 
to back the $400 million loan to the project from the U.S. 
Department of Transportation. That was the leverage, if you 
will, for the biggest piece of our financing package, more than 
$1.1 billion in proceeds from revenue bonds sold by ACTA. The 
bond and the Federal loan are being retired by corridor use 
fees and paid by the railroads. The funding breaks down roughly 
like this: 46 percent from ACTA revenue bonds, 16 percent from 
the U.S. DOT loan, 16 percent from the ports, 16 percent from 
California's State and local grants, much of it administered by 
the L.A. County Metropolitan Transportation Authority, and 6 
percent from other sources.''

TEA-21 Reauthorization: Conditions and Performance of The Federal-Aid 
        Highway System, September 30, 2002

                                PANEL I

    Hon. Senator Robert C. Byrd, West Virginia.
    Senator Byrd discussed the Appalachian Developmental 
Highway System. While significant progress has been made, there 
is still 20 percent of the system to be completed. This last 20 
percent will be the most costly due to the extreme 
topographical conditions of the remaining segments. Senator 
Byrd asked that the committee reauthorize the Appalachian 
Development Highway System to fund the program at $4,467 
billion. This would provide the funding necessary to complete 
the remaining segments of the system as estimated by the 
Appalachian Commission.

                                PANEL II

    Hon. Mary Peters, Administrator, Federal Highway 
Administration.
    Mr. Joseph Perkins, Commissioner, Alaska Department of 
Transportation and Public Facilities.
    Ms. JayEtta Hecker, Director, Infrastructure Group at the 
United States General Accounting Office.

    In her testimony, Administrator Peters provided an overview 
of the Federal Highway Administration's Condition and 
Performance Report which assesses the physical condition and 
operating characteristics of our nation's roads, bridges, and 
transit systems. Administrator Peters provided some highlights 
of the findings of the report. She highlighted that the 
significant investments brought by TEA-21 has improved the 
physical condition and safety of our roads, bridges, and 
transit system. However, operational performance measured by 
congestion-worsened throughout the country.
    Mr. Perkins provided the committee with an overview of the 
American Association of State Highway and Transportation 
Officials ``Transportation Invest in America'' commonly 
referred to as the ``Bottom Line'' report. Mr. Perkins made 
four key points regarding the report. These are: (1) An annual 
capital investment level of $92 billion by all levels of 
government for highways and bridges is necessary to maintain 
both the physical condition and performance of the system over 
the next 20 years; (2) An annual capital investment of $125.6 
billion by all levels of government for highways and bridges is 
necessary to improve both the physical condition and 
performance of the system over the next 20 years; (3) An annual 
capital investment of $18.9 billion is required between 2004 
and 2009 from all levels of government just to maintain the 
existing physical condition and service performance of the 
nation's transit systems; and (4) An annual capital investment 
of $43.9 billion is required to improve the current physical 
condition and service performance of the nation's transit 
systems.
    Ms. Hecker testified about the General Accounting Office's 
examination of the challenges and strategies for enhancing 
mobility. Her key findings were: (1) Congestion is beginning to 
overwhelm the transportation system; (2) More work is needed to 
ensure access to transportation for certain underserved 
populations and to achieve a balance between enhancing mobility 
and giving due regard to environmental and other social goals; 
(4) There is no one solution for the mobility challenges facing 
the Nation; and (5) There needs to be a broad range of 
strategies to tackle our nation's mobility challenges. These 
include focusing on the entire surface transportation system 
regardless of mode, using a full range of techniques to achieve 
mobility outcomes, and provide more options for financing 
mobility improvement regardless of the mode.

                               PANEL III

    Mr. Gordon Proctor, Director, Ohio Department of 
Transportation.
    Mr. Thomas Jackson, President, American Society of Civil 
Engineers.
    Dr. William Buechner, Vice-President of Economic and 
Research for the American Road and Transportation Builders 
Association.

    Mr. Proctors's testified on the state of the highway 
network in Ohio. Ohio is experiencing trends that reflect 
conditions around the country. In the past 25 years, truck 
volumes have increased 89 percent on the interstate highways. 
Mr. Proctor recommended four ways to address the worsening 
condition and performance of the nation's roadways: (1) basic 
core highway programs should not be diluted because they are 
the backbone for maintaining our highway system; (2) as the 
interstates approach 50 years in age, do not treat them as 
historical artifacts subject to historical preservation 
requirements; (3) Congress needs to recognize that the Nation 
needs to restore capacity at critical bottlenecks; and (4) a 
national commission is needed to evaluate the future of our 
interstate system.
    Mr. Jackson's testimony highlighted the key findings of the 
America Society of Civil Engineer's ``Report Card for America's 
Infrastructure''. In 2001, ASCE gave the nation's 
infrastructure a grade of ``D+''. Roads received a grade of 
``D'', bridges ``C'' and transit ``C-''. These grades show 
slight improvement from the first report card given by ASCE 
before the reauthorization of TEA-21. Mr. Jackson recommended 
that Congress use the following concepts to guide its 
reauthorization process: (1) expand infrastructure investment; 
(2) enhance the delivery of infrastructure; and (3) maximize 
infrastructure
    Dr. Buechner, discussed the reauthorization principles of 
the American Road and Transportation Builders Association. 
ARTBA would like to see implementation of its ``Two Cents Makes 
Sense'' Proposal. Under this plan, revenues would be generated 
to double the annual Federal investment in highways to $60 
billion and mass transit-to almost $14 billion by fiscal year 
2009.

                          Legislative History

    Senators Inhofe, Jeffords, Bond and Reid introduced S. 
1072, a bill to reauthorize the Federal-aid highway program, on 
behalf of the Administration on May 15, 2003. In addition to 
the hearings held in the 107th Congress, listed above, hearings 
were held in the 108th Congress as follows: February 7, 2003, 
on the Department of Transportation's highway budget for fiscal 
year 2004; and three field hearings: held on April 7, 2003, in 
Chicago, IL, on August 11, 2003 in Brownsville, TX, and on 
August 14, 2003 in Medford, OR. A full committee business 
meeting was held on November 12, 2003, and the bill was ordered 
reported with an amendment in the nature of a substitute.

                             Rollcall Votes

    The Senate Committee on Environment and Public Works met to 
consider S. 1072 on November 12, 2003. During consideration of 
the bill, the following amendments were agreed to by a voice 
vote: the Managers' amendment; an amendment offered Senator 
Crapo on rail grade crossings; an amendment offered by Senator 
Wyden to allow all States the option of establishing a State 
infrastructure bank.
    Disagreed to by a voice vote: an amendment offered by 
Senator Murkowski to focus the project development process on 
major requirements of the National Environmental Policy Act; an 
amendment offered by Senator Wyden to establish prioritization 
of projects that receive funding from the national corridor 
planning and development program; an amendment offered by 
Senator Clinton to modify the multistate corridor program to 
make all designated high priority corridors eligible for 
funding; an amendment offered by Senator Clinton to establish a 
research program to encourage transportation equity.
    Amendments adopted by roll call vote: an amendment offered 
by Senator Warner to modify the set-aside percentage for 
Metropolitan Planning Organizations by a vote of 12 years, 7 
nays. Voting in favor of the amendment were Senators Allard, 
Baucus, Boxer, Carper, Chafee, Clinton, Cornyn, Graham, 
Lieberman, Murkowski and Warner. Voting against the Warner 
amendment were Senators Inhofe, Bond, Crapo, Jeffords, Reid, 
Thomas and Voinovich. An amendment offered by Senator Warner to 
establish a highway stormwater discharge mitigation program by 
a vote of 10 yeas, 9 nays. Voting for the amendment were 
Senators Allard, Baucus, Boxer, Carper, Chafee, Clinton, 
Graham, Lieberman, Warner and Wyden. Voting against the 
amendment were Senators Inhofe, Bond, Cornyn, Crapo, Jeffords, 
Murkowski, Reid, Thomas, and Voinovich. An amendment offered by 
Senator Murkowski to clarify that the study of ``thermal 
collapse'' includes changes related to melting of permafrost by 
a vote of 12 yeas, 6 nays, one not voting. Voting for the 
Murkowski amendment were Allard, Baucus, Boxer, Carper, 
Clinton, Crapo, Graham, Lieberman, Murkowski, Thomas, Voinovich 
and Wyden. Voting against the amendment were Senators Inhofe, 
Bond, Jeffords, Reid, and Warner. Not voting on the amendment 
was Senator Cornyn. An amendment offered by Senator Carper to 
clarify that the national surface transportation system study 
should address passenger, as well as freight, rail conditions 
and needs by a vote of 12 yeas, 7 nays. Voting for the Carper 
amendment were Senators Baucus, Boxer, Carper, Chafee, Clinton, 
Cornyn, Crapo, Graham, Lieberman, Thomas, Warner and Wyden. 
Voting against the amendment were Senators Inhofe, Allard, 
Bond, Jeffords, Murkowski, Reid and Voinovich. An amendment 
offered by Senator Clinton to maintain the existing sub-
allocations of surface transportation program funds to areas of 
a State by population and to the entire State by a vote of 10 
yeas, 9 nays. Voting for the Clinton amendment were Senators 
Baucus, Boxer, Carper, Chafee, Clinton, Graham, Lieberman, 
Voinovich, Warner and Wyden. Voting against the amendment were 
Senators Inhofe, Allard, Bond, Cornyn, Crapo, Jeffords, 
Murkowski, Reid, and Thomas.
    Amendments disagreed to by a roll call vote: an amendment 
offered by Senator Clinton to combine the future of the 
Federal-aid system study with the modified revenue source 
commission by a vote of 8 ayes, 11 nays. Voting against the 
amendment were Senators Inhofe, Allard, Bond, Carper, Chafee, 
Crapo, Jeffords, Murkowski, Reid, Thomas and Voinovich. Voting 
for the amendment were Senators Baucus, Boxer, Clinton, Cornyn, 
Graham, Lieberman, Warner and Wyden. An amendment offered by 
Senator Allard to provide State and local authorities the means 
to eliminate congestion by a vote of 9 yeas, 10 nays. Voting 
against the amendment were Senators Inhofe, Bond, Boxer, 
Carper, Chafee, Clinton, Jeffords, Lieberman, Reid, and 
Voinovich. Voting for the amendment were Senators Allard, 
Baucus, Cornyn, Crapo, Graham, Murkowski, Thomas, Warner and 
Wyden. An amendment offered by Senator Clinton to provide for a 
border planning, operations, and technology program by a vote 
of 6 yeas, 13 nays. Voting against the amendment were Senators 
Inhofe, Allard, Bond, Carper, Chafee, Crapo, Jeffords, 
Murkowski, Reid, Thomas, Voinovich, Warner and Wyden. Voting 
for the amendment were Senators Baucus, Boxer, Clinton, Cornyn, 
Graham and Lieberman.
    The Committee disagree to a motion by Senator Graham to 
further amend the bill by a of 4 yeas, 15 nays. Voting against 
the Graham motion were Senators Inhofe, Allard, Bond, Boxer, 
Carper, Chafee, Clinton, Cornyn, Crapo, Jeffords, Murkowski, 
Reid, Thomas, Voinovich, and Warner.
    The bill was ordered reported to the Senate, as amended by 
a vote of 17 yeas, 2 nays. Voting to report the bill were 
Senators Inhofe, Allard, Baucus, Bond, Boxer, Carper, Chafee, 
Clinton, Cornyn, Crapo, Jeffords, Lieberman, Murkowski, Reid, 
Thomas, Voinovich, and Warner. Voting nay were Senators Graham 
and Wyden.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes the following 
evaluation of the regulatory impact of the reported bill. The 
regulatory impact of the reported bill is expected to be 
minimal. This will not have any effect on the personal privacy 
of individuals.
    Other than current regulations and those regulations 
affecting the eligibility and use of funds provided in this 
bill, the provisions having a regulatory impact of significance 
are sections 1408, 1513, 1514, 1615, 1618, and 1619. Section 
1408 directs the Secretary to promulgate regulations requiring 
workers near a Federal-aid highway to wear high-visibility 
clothing, and to require any other worker-safety measures that 
the Secretary deems necessary to minimize worker injuries and 
maintain the free flow of vehicular traffic.
    Section 1513 establishes a pilot program for not more than 
five States to assume the Secretary's responsibility for 
environmental review for a project. A State wishing to 
participate in the pilot must submit a detailed application. 
This section includes minimum application requirements and a 
directive to the Secretary to promulgate, within 270 days of 
enactment, regulations establishing complete application 
requirements consistent with the section.
    Section 1514 directs the Secretary of Transportation to 
promulgate, within 1 year of enactment, regulations necessary 
to implement the transportation planning provisions in sections 
1501-5 and the project delivery provisions in sections 1511-13. 
These provisions call for enhanced consideration of 
environmental concerns during the planning process and 
establish a process for completing the environmental review 
process faster and more efficiently.
    Section 1615 directs the Secretary of Transportation 
promulgate regulations, within 18 months, adjusting the 
application of the latest travel models. The new regulations 
must ensure that travel models can account for the effects of 
the most recent population, economic, employment, travel, 
transit ridership, congestion, and induced travel demand.
    Section 1618 directs the Administrator of the EPA to 
promulgate proposed regulations by March 1, 2005 and final 
regulations within 1 year, governing the handling of air 
quality monitoring data influenced by exceptional events. These 
regulations will allow Governors to petition EPA to exclude air 
quality data directly due to exceptional events such as forest 
fires or volcanic eruptions.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 1072 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments. All of its governmental 
directives are imposed on Federal agencies. The bill does not 
directly impose any private sector mandates.

                          Cost of Legislation

    A cost estimate has been requested from the Congressional 
Budget Office, but it was not received at the filing date of 
the report. The information will be printed in the 
Congressional Record when it becomes available.

                    MINORITY VIEWS OF SENATOR GRAHAM

    Since I began my service in the U.S. Senate in 1987, I have 
had the honor and privilege to serve on the Environment and 
Public Works Committee. Increasing investment in our nation's 
infrastructure through our surface transportation policy has 
long been a top priority for me. Transportation is an integral 
part of every American's daily life and Federal investments in 
transportation infrastructure increase our economic vitality 
and international competitiveness.
    I am concerned that this legislation fails to authorize a 
level of spending to maintain the condition of our existing 
infrastructure, reduce the backlog of deferred maintenance, and 
begin to improve the condition and performance of the system. 
Additionally, I remain strongly opposed to the approval of 
legislation that authorizes nearly $255 billion over the next 6 
years without a full disclosure of how those funds would be 
distributed to the States. As a member of the committee, our 
direct responsibility is to deliberately study and debate all 
aspects of legislation before us. With regard to this 
legislation, members of the EPW Committee simply did not have 
that option. The legislation was developed behind closed doors, 
without full input from committee members; and the most vital 
section of the bill, the allocation of funds to the States, has 
been left blank.

Importance of Funding Infrastructure Needs

    By approving the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003 (SAFETEA), this committee 
continues a disturbing trend of short changing the surface 
transportation system in America. The American Association of 
State Highway Transportation Officials (AASHTO) estimates that 
the cost of just maintaining the system at its current level of 
congestion and repair would require investments of 
approximately $92 billion a year by Federal, State and local 
governments. Although SAFETEA may get close to the Federal 
portion of this estimate, we must go beyond to not just 
maintain the current system, but address new capacity needs. 
AASHTO estimates that enhancing the system by reducing 
congestion and adding new capacity will require an annual 
investment level of $126 billion a year an additional $34 
billion above the $92 billion level to maintain current 
conditions.
    In addition, we must address the deferred maintenance, 
which has accumulated over the years of under investing in the 
system. The United States Department of Transportation 
estimated a backlog totaling $271 billion for highways and $55 
billion for bridges a total of $326 billion in 2000. AASHTO 
estimates by 2004 that backlog could grow as high as $400 
billion.
    The backlog even more clearly represents the consequences 
of under investing. How many lives have been lost? How much 
time with family has been lost? How much economic prosperity 
and competitiveness have been lost, due to under investment in 
our nation's infrastructure?
    We, as a Congress, need to carefully weigh the consequences 
of this chronic under-funding of a basic part of our national 
infrastructure. In passing this legislation, we are not 
guaranteeing that at the end of this 6 year process, the system 
will be better than it is today; in fact, we are guaranteeing 
it will be worse.
    We need to be more creative in using the funds we do have 
so we can stretch them as far as possible. For example, 
innovative financing techniques, such as tolling, the 
Transportation Infrastructure Finance and Innovation Act 
(TIFIA) and the State Infrastructure Bank program (SIBs) are a 
good start. I am pleased these options will continue to be 
available to our States and localities to help supplement 
traditional grant funds. Additionally, we have to continue to 
develop new ways to make Federal dollars, in combination with 
private funds and alternative sources of revenue, as efficient 
as possible.
    There has been much discussion over the last few months 
about United States trade policy and how the United States can 
compete in the global economy with a dramatically higher wage 
rate and standard of living than most of the rest of the world. 
It is going to be difficult, but two investments that are 
critical to our ability to be globally competitive, include 
significant investment in our infrastructure, particularly 
transportation, as well as a major investment in education and 
job training so we can continue to be the most efficient 
economy with the best trained and the most productive work 
force.
    We are losing billions of dollars a year of productivity 
because of congestion. According to the Texas Transportation 
Institute, congestion adds an additional one and one half work 
weeks to Americans' yearly commute, costing our economy over 
$69 billion.
    We need to focus the discussion on what solutions we are 
doing to ensure that this fundamental part of our economy and 
what can be done to maintain a level of efficiency that will 
allow the United States to compete in the world. If we are not 
satisfied that this legislation will move us in this direction, 
what are the options before us to try to get closer to those 
goals?

Lack of Information

    When the EPW committee debated the Senate version of the 
Transportation Equity Act for the 21st Century (TEA-21) in 
September 1997, the legislation, S. 1173, contained not only 
policy changes for the nation's surface transportation program, 
but also the basis for the distribution of the apportioned 
funds authorized in the bill. At the mark-up of SAFETEA on 
November 12, 2003, there was tremendous confusion among members 
of the committee and the United States Department of 
Transportation as to whether S. 1173 included a formula. For 
the record, section 1102 of S. 1173, as voted on and reported 
by the EPW committee, pages 8 39, contains the State by State 
distribution formulas for: Interstate and National Highway 
System Program, Congestion Mitigation and Air Quality Program, 
and Surface Transportation Program; and the ``equity 
calculations'' including ISTEA Transition and Minimum 
Guarantee. The section appears as follows:

  ATTACHMENT (S. 1173 SECTION 1102, INCLUDING NEW SECTION 105 MINIMUM 
GUARANTEE)

           *       *       *       *       *       *       *

SEC. 1102. APPORTIONMENTS.

    (a) In General.--Section 104 of title 23, United States 
Code, is amended by striking subsection (b) and inserting the 
following:
    ``(b) Apportionments.--On October 1 of each fiscal year, 
the Secretary, after making the deduction authorized by 
subsection (a) and the set-asides authorized by subsection (f), 
shall apportion the remainder of the sums authorized to be 
appropriated for expenditure on the National Highway System, 
the congestion mitigation and air quality improvement program, 
and the surface transportation program, for that fiscal year, 
among the States in the following manner:
            ``(1) Interstate and national highway system 
        program.--
                    ``(A) Interstate maintenance component.--
                For resurfacing, restoring, rehabilitating, and 
                reconstructing the Interstate System--
                            ``(i) 50 percent in the ratio 
                        that--
                                    ``(I) the total lane miles 
                                on Interstate System routes 
                                designated under--
                                            ``(aa) section 103;
                                            ``(bb) section 
                                        139(a) before March 9, 
                                        1984 (other than routes 
                                        on toll roads not 
                                        subject to a 
                                        Secretarial agreement 
                                        under section 105 of 
                                        the Federal-Aid Highway 
                                        Act of 1978 (92 Stat. 
                                        2692)); and
                                            ``(cc) section 
                                        139(c) (as in effect on 
                                        the day before the date 
                                        of enactment of the 
                                        Intermodal Surface 
                                        Transportation 
                                        Efficiency Act of 
                                        1997);
                                in each State; bears to
                                    ``(II) the total of all 
                                such lane miles in all States; 
                                and
                            ``(ii) 50 percent in the ratio 
                        that--
                                    ``(I) the total vehicle 
                                miles traveled on lanes on 
                                Interstate System routes 
                                designated under--
                                            ``(aa) section 103;
                                            ``(bb) section 
                                        139(a) before March 9, 
                                        1984 (other than routes 
                                        on toll roads not 
                                        subject to a 
                                        Secretarial agreement 
                                        under section 105 of 
                                        the Federal-Aid Highway 
                                        Act of 1978 (92 Stat. 
                                        2692)); and
                                            ``(cc) section 
                                        139(c) (as in effect on 
                                        the day before the date 
                                        of enactment of the 
                                        Intermodal Surface 
                                        Transportation 
                                        Efficiency Act of 
                                        1997);
                                in each State; bears to
                                    ``(II) the total of all 
                                such vehicle miles traveled in 
                                all States.
                    ``(B) Interstate bridge component.--For 
                resurfacing, restoring, rehabilitating, and 
                reconstructing bridges on the Interstate 
                System, in the ratio that--
                            ``(i) the total square footage of 
                        structurally deficient and functionally 
                        obsolete bridges on the Interstate 
                        System (other than bridges on toll 
                        roads not subject to a Secretarial 
                        agreement under section 105 of the 
                        Federal-Aid Highway Act of 1978 (92 
                        Stat. 2692)) in each State; bears to
                            ``(ii) the total square footage of 
                        structurally deficient and functionally 
                        obsolete bridges on the Interstate 
                        System (other than bridges on toll 
                        roads not subject to a Secretarial 
                        agreement under section 105 of the 
                        Federal-Aid Highway Act of 1978 (92 
                        Stat. 2692)) in all States.
                    ``(C) Other national highway system 
                component.--
                            ``(i) In general.--For the National 
                        Highway System (excluding activities 
                        for which funds are apportioned under 
                        subparagraph (A) or (B)), $36,400,000 
                        for each fiscal year to the Virgin 
                        Islands, Guam, American Samoa, and the 
                        Commonwealth of Northern Mariana 
                        Islands and the remainder apportioned 
                        as follows:
                                    ``(I) 20 percent of the 
                                apportionments in the ratio 
                                that--
                                            ``(aa) the total 
                                        lane miles of principal 
                                        arterial routes 
                                        (excluding Interstate 
                                        System routes) in each 
                                        State; bears to
                                            ``(bb) the total 
                                        lane miles of principal 
                                        arterial routes 
                                        (excluding Interstate 
                                        System routes) in all 
                                        States.
                                    ``(II) 29 percent of the 
                                apportionments in the ratio 
                                that--
                                            ``(aa) the total 
                                        vehicle miles traveled 
                                        on lanes on principal 
                                        arterial routes 
                                        (excluding Interstate 
                                        System routes) in each 
                                        State; bears to
                                            ``(bb) the total 
                                        vehicle miles traveled 
                                        on lanes on principal 
                                        arterial routes 
                                        (excluding Interstate 
                                        System routes) in all 
                                        States.
                                    ``(III) 18 percent of the 
                                apportionments in the ratio 
                                that--
                                            ``(aa) the total 
                                        square footage of 
                                        structurally deficient 
                                        and functionally 
                                        obsolete bridges on 
                                        principal arterial 
                                        routes (excluding 
                                        bridges on Interstate 
                                        System routes (other 
                                        than bridges on toll 
                                        roads not subject to a 
                                        Secretarial agreement 
                                        under section 105 of 
                                        the Federal-Aid Highway 
                                        Act of 1978 (92 Stat. 
                                        2692))) in each State; 
                                        bears to
                                            ``(bb) the total 
                                        square footage of 
                                        structurally deficient 
                                        and functionally 
                                        obsolete bridges on 
                                        principal arterial 
                                        routes (excluding 
                                        bridges on Interstate 
                                        System routes (other 
                                        than bridges on toll 
                                        roads not subject to a 
                                        Secretarial agreement 
                                        under section 105 of 
                                        the Federal-Aid Highway 
                                        Act of 1978 (92 Stat. 
                                        2692))) in all States.
                                    ``(IV) 24 percent of the 
                                apportionments in the ratio 
                                that--
                                            ``(aa) the total 
                                        diesel fuel used on 
                                        highways in each State; 
                                        bears to
                                            ``(bb) the total 
                                        diesel fuel used on 
                                        highways in all States.
                                    ``(V) 9 percent of the 
                                apportionments in the ratio 
                                that--
                                            ``(aa) the quotient 
                                        obtained by dividing 
                                        the total lane miles on 
                                        principal arterial 
                                        highways in each State 
                                        by the total population 
                                        of the State; bears to
                                            ``(bb) the quotient 
                                        obtained by dividing 
                                        the total lane miles on 
                                        principal arterial 
                                        highways in all States 
                                        by the total population 
                                        of all States.
                            ``(ii) Data.--Each calculation 
                        under clause (i) shall be based on the 
                        latest available data.
                    ``(D) Minimum apportionment.--
                Notwithstanding subparagraphs (A) through (C), 
                each State shall receive a minimum of \1/2\ of 
                1 percent of the funds apportioned under this 
                paragraph.
            ``(2) Congestion mitigation and air quality 
        improvement program.--
                    ``(A) In general.--For the congestion 
                mitigation and air quality improvement program, 
                in the ratio that--
                            ``(i) the total of all weighted 
                        nonattainment and maintenance area 
                        populations in each State; bears to
                            ``(ii) the total of all weighted 
                        nonattainment and maintenance area 
                        populations in all States.
                    ``(B) Calculation of weighted nonattainment 
                and maintenance area population.--Subject to 
                subparagraph (C), for the purpose of 
                subparagraph (A), the weighted nonattainment 
                and maintenance area population shall be 
                calculated by multiplying the population of 
                each area in a State that was a nonattainment 
                area or maintenance area as described in 
                section 149(b) for ozone or carbon monoxide by 
                a factor of--
                            ``(i) 0.8 if--
                                    ``(I) at the time of the 
                                apportionment, the area is a 
                                maintenance area; or
                                    ``(II) at the time of the 
                                apportionment, the area is 
                                classified as a submarginal 
                                ozone nonattainment area under 
                                that Act; or the Clean Air Act 
                                (42 U.S.C. 7401 et seq.);
                                    ``(III) as of the date of 
                                enactment of the Intermodal 
                                Transportation Act of 1997, the 
                                area is considered by the 
                                Administrator of the 
                                Environmental Protection Agency 
                                to be a flexible attainment 
                                region;
                            ``(ii) 1.0 if, at the time of the 
                        apportionment, the area is classified 
                        as a marginal ozone nonattainment area 
                        undersubpart 2 of part D of title I of 
                        the Clean Air Act (42 U.S.C. 7511 et seq.);
                            ``(iii) 1.1 if, at the time of the 
                        apportionment, the area is classified 
                        as a moderate ozone nonattainment area 
                        under that subpart;
                            ``(iv) 1.2 if, at the time of the 
                        apportionment, the area is classified 
                        as a serious ozone nonattainment area 
                        under that subpart;
                            ``(v) 1.3 if, at the time of the 
                        apportionment, the area is classified 
                        as a severe ozone nonattainment area 
                        under that subpart;
                            ``(vi) 1.4 if, at the time of the 
                        apportionment, the area is classified 
                        as an extreme ozone nonattainment area 
                        under that subpart; or
                            ``(vii) 1.0 if, at the time of the 
                        apportionment, the area is not a 
                        nonattainment or maintenance area as 
                        described in section 149(b) for ozone, 
                        but is classified under subpart 3 of 
                        part D of title I of that Act (42 
                        U.S.C. 7512 et seq.) as a nonattainment 
                        area described in section 149(b) for 
                        carbon monoxide.
                    ``(C) Additional adjustment for carbon 
                monoxide areas.--
                            ``(i) Carbon monoxide nonattainment 
                        areas.--If, in addition to being 
                        classified as a nonattainment or 
                        maintenance area for ozone, the area 
                        was also classified under subpart 3 of 
                        part D of title I of that Act (42 
                        U.S.C. 7512 et seq.) as a nonattainment 
                        area described in section 149(b) for 
                        carbon monoxide, the weighted 
                        nonattainment or maintenance area 
                        population of the area, as determined 
                        under clauses (i) through (vi) of 
                        subparagraph (B), shall be further 
                        multiplied by a factor of 1.2.
                            ``(ii) Carbon monoxide maintenance 
                        areas.--If, in addition to being 
                        classified as a nonattainment or 
                        maintenance area for ozone, the area 
                        was at one time also classified under 
                        subpart 3 of part D of title I of that 
                        Act (42 U.S.C. 7512 et seq.) as a 
                        nonattainment area described in section 
                        149(b) for carbon monoxide but has been 
                        redesignated as a maintenance area, the 
                        weighted nonattainment or maintenance 
                        area population of the area, as 
                        determined under clauses (i) through 
                        (vi) of subparagraph (B), shall be 
                        further multiplied by a factor of 1.1.
                    ``(D) Minimum apportionment.--
                Notwithstanding any other provision of this 
                paragraph, each State shall receive a minimum 
                of \1/2\ of 1 percent of the funds apportioned 
                under this paragraph.
                    ``(E) Determinations of population.--In 
                determining population figures for the purposes 
                of this paragraph, the Secretary shall use the 
                latest available annual estimates prepared by 
                the Secretary of Commerce.
            ``(3) Surface transportation program.--
                    ``(A) In general.--For the surface 
                transportation program, in accordance with the 
                following formula:
                            ``(i) 20 percent of the 
                        apportionments in the ratio that--
                                    ``(I) the total lane miles 
                                of Federal-aid highways in each 
                                State; bears to
                                    ``(II) the total lane miles 
                                of Federal-aid highways in all 
                                States.
                            ``(ii) 30 percent of the 
                        apportionments in the ratio that--
                                    ``(I) the total vehicle 
                                miles traveled on lanes on 
                                Federal-aid highways in each 
                                State; bears to
                                    ``(II) the total vehicle 
                                miles traveled on lanes on 
                                Federal-aid highways in all 
                                States.
                            ``(iii) 25 percent of the 
                        apportionments in the ratio that--
                                    ``(I) the total square 
                                footage of structurally 
                                deficient and functionally 
                                obsolete bridges on Federal-aid 
                                highways (excluding bridges 
                                described in subparagraphs (B) 
                                and (C)(i)(III) of paragraph 
                                (1)) in each State; bears to
                                    ``(II) the total square 
                                footage of structurally 
                                deficient and functionally 
                                obsolete bridges on Federal-aid 
                                highways (excluding bridges 
                                described in subparagraphs (B) 
                                and (C)(i)(III) of paragraph 
                                (1)) in all States.
                            ``(iv) 25 percent of the 
                        apportionments in the ratio that--
                                    ``(I) the estimated tax 
                                payments attributable to 
                                highway users in each State 
                                paid into the Highway Trust 
                                Fund (other than the Mass 
                                Transit Account) in the latest 
                                fiscal year for which data are 
                                available; bears to
                                    ``(II) the estimated tax 
                                payments attributable to 
                                highway users in all States 
                                paid into the Highway Trust 
                                Fund (other than the Mass 
                                Transit Account) in the latest 
                                fiscal year for which data are 
                                available.
                    ``(B) Data.--Each calculation under 
                subparagraph (A) shall be based on the latest 
                available data.
                    ``(C) Minimum apportionment.--
                Notwithstanding subparagraph (A), each State 
                shall receive a minimum of \1/2\ of 1 percent 
                of the funds apportioned under this 
                paragraph.''.
    (b) Effect of Certain Amendments.--Section 104 of title 23, 
United States Code, is amended by striking subsection (h) and 
inserting the following:
    ``(h) Effect of Certain Amendments.--Notwithstanding any 
other provision of law, deposits into the Highway Trust Fund 
resulting from the amendments made by section 901 of the 
Taxpayer Relief Act of 1997 shall not be taken into account in 
determining the apportionments and allocations that any State 
shall be entitled to receive under the Intermodal Surface 
Transportation Efficiency Act of 1997 and this title 23, United 
States Code.''.
    (c) ISTEA Transition.--
            (1) In general.--For each of fiscal years 1998 
        through 2003, the Secretary shall determine, with 
        respect to each State--
                    (A) the total apportionments for the fiscal 
                year under section 104 of title 23, United 
                States Code, for the Interstate and National 
                Highway System program, the surface 
                transportation program, metropolitan planning, 
                and the congestion mitigation and air quality 
                improvement program;
                    (B) the annual average of the total 
                apportionments during the period of fiscal 
                years 1992 through 1997 for all Federal-aid 
                highway programs (as defined in section 101 of 
                title 23, United States Code), excluding 
                apportionments for the Federal lands highways 
                program under section 204 of that title;
                    (C) the annual average of the total 
                apportionments during the period of fiscal 
                years 1992 through 1997 for all Federal-aid 
                highway programs (as defined in section 101 of 
                title 23, United States Code), excluding--
                            (i) apportionments authorized under 
                        section 104 of that title for 
                        construction of the Interstate System;
                            (ii) apportionments for the 
                        Interstate substitute program under 
                        section 103(e)(4) of that title (as in 
                        effect on the day before the date of 
                        enactment of this Act);
                            (iii) apportionments for the 
                        Federal lands highways program under 
                        section 204 of that title; and
                            (iv) adjustments to sums 
                        apportioned under section 104 of that 
                        title due to the hold harmless 
                        adjustment under section 1015(a) of the 
                        Intermodal Surface Transportation 
                        Efficiency Act of 1991 (23 U.S.C. 104 
                        note; 105 Stat. 1943);
                    (D) the product obtained by multiplying--
                            (i) the annual average of the total 
                        apportionments determined under 
                        subparagraph (B); by
                            (ii) the applicable percentage 
                        determined under paragraph (2); and
                    (E) the product obtained by multiplying--
                            (i) the annual average of the total 
                        apportionments determined under 
                        subparagraph (C); by
                            (ii) the applicable percentage 
                        determined under paragraph (2).
            (2) Applicable percentages.--
                    (A) Fiscal year 1998.--For fiscal year 
                1998--
                            (i) the applicable percentage 
                        referred to in paragraph (1)(D)(ii) 
                        shall be 145 percent; and
                            (ii) the applicable percentage 
                        referred to in paragraph (1)(E)(ii) 
                        shall be 107 percent.
                    (B) Fiscal years thereafter.--For each of 
                fiscal years 1999 through 2003, the applicable 
                percentage referred to in paragraph (1)(D)(ii) 
                or (1)(E)(ii), respectively, shall be a percentage 
                equal to the product obtained by multiplying--
                            (i) the percentage specified in 
                        clause (i) or (ii), respectively, of 
                        subparagraph (A); by
                            (ii) the percentage that--
                                    (I) the total contract 
                                authority made available under 
                                this Act and title 23, United 
                                States Code, for Federal-aid 
                                highway programs for the fiscal 
                                year; bears to
                                    (II) the total contract 
                                authority made available under 
                                this Act and title 23, United 
                                States Code, for Federal-aid 
                                highway programs for fiscal 
                                year 1998.
            (3) Maximum transition.--
                    (A) In general.--For each of fiscal years 
                1998 through 2003, in the case of each State 
                with respect to which the total apportionments 
                determined under paragraph (1)(A) is greater 
                than the product determined under paragraph 
                (1)(D), the Secretary shall reduce 
                proportionately the apportionments to the State 
                under section 104 of title 23, United States 
                Code, for the National Highway System component 
                of the Interstate and National Highway System 
                program, the surface transportation program, 
                and the congestion mitigation and air quality 
                improvement program so that the total of the 
                apportionments is equal to the product 
                determined under paragraph (1)(D).
                    (B) Redistribution of funds.--
                            (i) In general.--Subject to clause 
                        (ii), funds made available under 
                        subparagraph (A) shall be redistributed 
                        proportionately under section 104 of 
                        title 23, United States Code, for the 
                        Interstate and National Highway System 
                        program, the surface transportation 
                        program, and the congestion mitigation 
                        and air quality improvement program, to 
                        States not subject to a reduction under 
                        subparagraph (A).
                            (ii) Limitation.--The ratio that--
                                    (I) the total 
                                apportionments to a State under 
                                section 104 of title 23, United 
                                States Code, for the Interstate 
                                and National Highway System 
                                program, the surface 
                                transportation program, 
                                metropolitan planning, and the 
                                congestion mitigation and air 
                                quality improvement program, 
                                after the application of clause 
                                (i); bears to
                                    (II) the annual average of 
                                the total apportionments 
                                determined under paragraph 
                                (1)(B) with respect to the 
                                State;
                        may not exceed, in the case of fiscal 
                        year 1998, 145 percent, and, in the 
                        case of each of fiscal years 1999 
                        through 2003, 145 percent as adjusted 
                        in the manner described in paragraph 
                        (2)(B).
            (4) Minimum transition.--
                    (A) In general.--For each of fiscal years 
                1998 through 2003, the Secretary shall 
                apportion to each State such additional amounts 
                as are necessary to ensure that--
                            (i) the total apportionments to the 
                        State under section 104 of title 23, 
                        United States Code, for the Interstate 
                        and National Highway System program, 
                        the surface transportation program, 
                        metropolitan planning, and the 
                        congestion mitigation and air quality 
                        improvement program, after the 
                        application of paragraph (3); is equal 
                        to
                            (ii) the greater of--
                                    (I) the product determined 
                                with respect to the State under 
                                paragraph (1)(E); or
                                    (II) the total 
                                apportionments to the State for 
                                fiscal year 1997 for all 
                                Federal-aid highway programs, 
                                excluding--
                                            (aa) apportionments 
                                        for the Federal lands 
                                        highways program under 
                                        section 204 of title 
                                        23, United States Code;
                                            (bb) adjustments to 
                                        sums apportioned under 
                                        section 104 of that 
                                        title due to the hold 
                                        harmless adjustment 
                                        under section 1015(a) 
                                        of the Intermodal 
                                        Surface Transportation 
                                        Efficiency Act of 1991 
                                        (23 U.S.C. 104 note; 
                                        105 Stat. 1943); and
                                            (cc) demonstration 
                                        projects under the 
                                        Intermodal Surface 
                                        Transportation Efficiency 
                                        Act of 1991 (Public Law 
                                        102-240).
                    (B) Obligation.--Amounts apportioned under 
                subparagraph (A)--
                            (i) shall be considered to be sums 
                        made available for expenditure on the 
                        surface transportation program, except 
                        that--
                                    (I) the amounts shall not 
                                be subject to paragraphs (1) 
                                and (2) of section 133(d) of 
                                title 23, United States Code; 
                                and
                                    (II) 50 percent of the 
                                amounts shall be subject to 
                                section 133(d)(3) of that 
                                title;
                            (ii) shall be available for any 
                        purpose eligible for funding under 
                        section 133 of that title; and
                            (iii) shall remain available for 
                        obligation for a period of 3 years 
                        after the last day of the fiscal year 
                        for which the amounts are apportioned.
                    (C) Authorization of contract authority.--
                            (i) In general.--There shall be 
                        available from the Highway Trust Fund 
                        (other than the Mass Transit Account) 
                        such sums as are necessary to carry out 
                        this paragraph.
                            (ii) Contract authority.--Funds 
                        authorized under this subparagraph 
                        shall be available for obligation in 
                        the same manner as if the funds were 
                        apportioned under chapter 1 of title 
                        23, United States Code.
    (d) Minimum Guarantee.--
            (1) In general.--Section 105 of title 23, United 
        States Code, is amended to read as follows:

``Sec. 105. Minimum guarantee

    ``(a) Adjustment.--
            ``(1) In general.--In fiscal year 1998 and each 
        fiscal year thereafter on October 1, or as soon as 
        practicable thereafter, the Secretary shall allocate 
        among the States amounts sufficient to ensure that--
                    ``(A) the ratio that--
                            ``(i) each State's percentage of 
                        the total apportionments for the fiscal 
                        year--
                                    ``(I) under section 104 for 
                                the Interstate and National 
                                Highway System program, the 
                                surface transportation program, 
                                metropolitan planning, and the 
                                congestion mitigation and air 
                                quality improvement program; 
                                and
                                    ``(II) under this section 
                                and section 1102(c) of the 
                                Intermodal Surface 
                                Transportation Efficiency Act 
                                of 1997 for ISTEA transition; 
                                bears to
                            ``(ii) each State's percentage of 
                        estimated tax payments attributable to 
                        highway users in the State paid into 
                        the Highway Trust Fund (other than the 
                        Mass Transit Account) in the latest 
                        fiscal year for which data are 
                        available;
                is not less than 0.90; and
                    ``(B) in the case of a State specified in 
                paragraph (2), the State's percentage of the 
                total apportionments for the fiscal year 
                described in subclauses (I) and (II) of 
                subparagraph (A)(i) is--
                            ``(i) not less than the percentage 
                        specified for the State in paragraph 
                        (2); but
                            ``(ii) not greater than the product 
                        determined for the State under section 
                        1102(c)(1)(D) of the Intermodal Surface 
                        Transportation Efficiency Act of 1997 
                        for the fiscal year.
            ``(2) State percentages.--The percentage referred 
        to in paragraph (1)(B) for a specified State shall be 
        determined in accordance with the following table:

``State                                                      Percentage
        Alaska....................................                1.24 
        Arkansas..................................                1.33 
        Delaware..................................                0.47 
        Hawaii....................................                0.55 
        Idaho.....................................                0.82 
        Montana...................................                1.06 
        Nevada....................................                0.73 
        New Hampshire.............................                0.52 
        New Jersey................................                2.41 
        New Mexico................................                1.05 
        North Dakota..............................                0.73 
        Rhode Island..............................                0.58 
        South Dakota..............................                0.78 
        Vermont...................................                0.47 
        Wyoming...................................                0.76.
    ``(b) Treatment of Allocations.--
            ``(1) Obligation.--Amounts allocated under 
        subsection (a)--
                    ``(A) shall be available for obligation 
                when allocated and shall remain available for 
                obligation for a period of 3 years after the 
                last day of the fiscal year for which the 
                amounts are allocated; and
                    ``(B) shall be available for any purpose 
                eligible for funding under this title.
            ``(2) Set-aside.--Fifty percent of the amounts 
        allocated under subsection (a) shall be subject to 
        section 133(d)(3).
    ``(c) Treatment of Withheld Apportionments.--For the 
purpose of subsection (a), any funds that, but for section 
158(b) or any other provision of law under which Federal-aid 
highway funds are withheld from apportionment, would be 
apportioned to a State for a fiscal year under a section 
referred to in subsection (a) shall be treated as being 
apportioned in that fiscal year.
    ``(d) Authorization of Contract Authority.--There shall be 
available from the Highway Trust Fund (other than the Mass 
Transit Account) such sums as are necessary to carry out this 
section.''.
            (2) Conforming amendment.--The analysis for chapter 
        1 of title 23, United States Code, is amended by 
        striking the item relating to section 105 and inserting 
        the following:

                                      ``105. Minimum guarantee.''.
    (e) Audits of Highway Trust Fund.--Section 104 of title 23, 
United States Code, is amended by striking subsection (i) and 
inserting the following:
    ``(i) Audits of Highway Trust Fund.--From available 
administrative funds deducted under subsection (a), the 
Secretary may reimburse the Office of Inspector General of the 
Department of Transportation for the conduct of annual audits 
of financial statements in accordance with section 3521 of 
title 31.''.
    (f) Technical Amendments.--Section 104 of title 23, United 
States Code, is amended--
            (1) in subsection (e)--
                    (A) by inserting ``Notification to 
                States.--'' after ``(e)'';
                    (B) in the first sentence--
                            (i) by striking ``(other than under 
                        subsection (b)(5) of this section)''; 
                        and
                            (ii) by striking ``and research'';
                    (C) by striking the second sentence; and
                    (D) in the last sentence, by striking ``, 
                except that'' and all that follows through 
                ``such funds''; and
            (2) in subsection (f)--
                    (A) by striking ``(f)(1) On'' and inserting 
                the following:
    ``(f) Metropolitan Planning.--
            ``(1) Set-aside.--On'';
                    (B) by striking ``(2) These'' and inserting 
                the following:
            ``(2) Apportionment to states of set-aside funds.--
        These'';
                    (C) by striking ``(3) The'' and inserting 
                the following:
            ``(3) Use of funds.--The''; and
                    (D) by striking ``(4) The'' and inserting 
                the following:
            ``(4) Distribution of funds within states.--The''.
    (g) Conforming Amendments.--
            (1) Section 146(a) of title 23, United States Code, 
        is amended in the first sentence by striking ``, 
        104(b)(2), and 104(b)(6)'' and inserting ``and 
        104(b)(2)''.
            (2)(A) Section 150 of title 23, United States Code, 
        is repealed.
            (B) The analysis for chapter 1 of title 23, United 
        States Code, is amended by striking the item relating 
        to section 150.
            (3) Section 158 of title 23, United States Code, is 
        amended--
                    (A) in subsection (a)--
                            (i) by striking paragraph (1);
                            (ii) by redesignating paragraphs 
                        (2) and (3) as paragraphs (1) and (2), 
                        respectively;
                            (iii) in paragraph (1) (as so 
                        redesignated)--
                                    (I) by striking ``After the 
                                first year'' and inserting ``In 
                                general''; and
                                    (II) by striking ``, 
                                104(b)(2), 104(b)(5), and 
                                104(b)(6)'' and inserting ``and 
                                104(b)(2)''; and
                            (iv) in paragraph (2) (as 
                        redesignated by clause (ii)), by 
                        striking ``paragraphs (1) and (2) of 
                        this subsection'' and inserting 
                        ``paragraph (1)''; and
                    (B) by striking subsection (b) and 
                inserting the following:
    ``(b) Effect of Withholding of Funds.--No funds withheld 
under this section from apportionment to any State after 
September 30, 1988, shall be available for apportionment to 
that State.''.
            (4)(A) Section 157 of title 23, United States Code, 
        is repealed.
            (B) The analysis for chapter 1 of title 23, United 
        States Code, is amended by striking the item relating 
        to section 157.
            (5)(A) Section 115(b)(1) of title 23, United States 
        Code, is amended by striking ``or 104(b)(5), as the 
        case may be,''.
            (B) Section 137(f)(1) of title 23, United States 
        Code, is amended by striking ``section 104(b)(5)(B) of 
        this title'' and inserting ``section 104(b)(1)(A)''.
            (C) Section 141(c) of title 23, United States Code, 
        is amended by striking ``section 104(b)(5) of this 
        title'' each place it appears and inserting ``section 
        104(b)(1)(A)''.
            (D) Section 142(c) of title 23, United States Code, 
        is amended by striking ``(other than section 
        104(b)(5)(A))''.
            (E) Section 159 of title 23, United States Code, is 
        amended--
                    (i) by striking ``(5) of'' each place it 
                appears and inserting ``(5) (as in effect on 
                the day before the date of enactment of the 
                Intermodal Surface Transportation Efficiency 
                Act of 1997) of''; and
                    (ii) in subsection (b)--
                            (I) in paragraphs (1)(A)(i) and 
                        (3)(A), by striking ``section 
                        104(b)(5)(A)'' each place it appears 
                        and inserting ``section 104(b)(5)(A) 
                        (as in effect on the day before the 
                        date of enactment of the Intermodal 
                        Surface Transportation Efficiency Act 
                        of 1997)'';
                            (II) in paragraph (1)(A)(ii), by 
                        striking ``section 104(b)(5)(B)'' and 
                        inserting ``section 104(b)(5)(B) (as in 
                        effect on the day before the date of 
                        enactment of the Intermodal Surface 
                        Transportation Efficiency Act of 
                        1997)'';
                            (III) in paragraph (3)(B), by 
                        striking ``(5)(B)'' and inserting 
                        ``(5)(B) (as in effect on the day 
                        before the date of enactment of the 
                        Intermodal Surface Transportation 
                        Efficiency Act of 1997)''; and
                            (IV) in paragraphs (3) (B) and (4), 
                        by striking ``section 104(b)(5)'' each 
                        place it appears and inserting 
                        ``section 104(b)(5) (as in effect on 
                        the day before the date of enactment of 
                        the Intermodal Surface Transportation 
                        Efficiency Act of 1997)''.
            (F) Section 161(a) of title 23, United States Code, 
        is amended by striking ``paragraphs (1), (3), and 
        (5)(B) of section 104(b)'' each place it appears and 
        inserting ``paragraphs (1) and (3) of section 104(b)''.
            (6)(A) Section 104(g) of title 23, United States 
        Code, is amended--
                    (i) in the first sentence, by striking 
                ``sections 130, 144, and 152 of this title'' 
                and inserting ``subsection (b)(1)(B) and 
                sections 130 and 152'';
                    (ii) in the first and second sentences--
                            (I) by striking ``section'' and 
                        inserting ``provision''; and
                            (II) by striking ``such sections'' 
                        and inserting ``those provisions''; and
                    (iii) in the third sentence--
                            (I) by striking ``section 144'' and 
                        inserting ``subsection (b)(1)(B)''; and
                            (II) by striking ``subsection 
                        (b)(1)'' and inserting ``subsection 
                        (b)(1)(C)''.
            (B) Section 115 of title 23, United States Code, is 
        amended--
                    (i) in subsection (a)(1)(A)(i), by striking 
                ``104(b)(2), 104(b)(3), 104(f), 144,'' and 
                inserting ``104(b)(1)(B), 104(b)(2), 104(b)(3), 
                104(f),''; and
                    (ii) in subsection (c), by striking 
                ``144,,''.
            (C) Section 120(e) of title 23, United States Code, 
        is amended in the last sentence by striking ``and in 
        section 144 of this title''.
            (D) Section 151(d) of title 23, United States Code, 
        is amended by striking ``section 104(a), section 
        307(a), and section 144 of this title'' and inserting 
        ``subsections (a) and (b)(1)(B) of section 104 and 
        section 307(a)''.
            (E) Section 204(c) of title 23, United States Code, 
        is amended in the first sentence by striking ``or 
        section 144 of this title''.
            (F) Section 303(g) of title 23, United States Code, 
        is amended by striking ``section 144 of this title'' 
        and inserting ``section 104(b)(1)(B)''.

           *       *       *       *       *       *       *

    During the SAFETEA proceedings, I requested that the EPW 
staff deliver an analysis to members of the committee that 
contained the formula, including the percentage and absolute 
dollar change by State between TEA-21 and SAFETEA. The Chairman 
objected to this request. Later in the proceedings, I requested 
the Chairman conduct a public business meeting of the committee 
to consider the formula portions of the SAFETEA bill and allow 
for debate and amendment. This request was also rejected. Last, 
I requested that the relevant section of S. 1173 relating to 
the formula be inserted into the record of the business 
meeting. Again, there was an objection.
    The distribution of funds to the States has long been a 
point of debate and contention in this committee and the 
Congress as a whole. My State, Florida, is a donor State. This 
means for every dollar of gasoline taxes collected from 
citizens in the State of Florida, roughly 86 cents is returned 
to Florida for transportation spending. Many other States in 
the Nation are also donor States, including the home States of 
both the Chairman of the full EPW committee and Chairman of the 
Transportation and Infrastructure Subcommittee. For many years, 
we have been fighting side by side to improve the rate of 
return for the donor States.
    When the Intermodal Surface Transportation Efficiency Act 
(ISTEA) was considered in 1991, I was concerned the formulas in 
ISTEA and all of the ``equity'' categories would not actually 
achieve the donor State goal of a 90 percent rate of return, 
even though the sponsor assured us it would. I, unfortunately, 
was correct--the rate of return for donor States sunk way below 
the promise of 90 percent, with my State receiving only a 79 
percent rate of return.
    When developing TEA-21 in 1997, it was again vital for the 
donor States to not only increase our rate of return but to 
streamline the mechanism for achieving the goal. The donor 
States set out to achieve a true 95 percent rate of return, but 
ultimately agreed to 90.5 percent due to the amount of funding 
available for the legislation. We did however; change the way 
the new ``Minimum Guarantee'' was calculated so that each State 
has received a 90.5 percent rate of return on funds apportioned 
to the States. However, my State and many donor States, still 
receive less than 90.5 cents on the dollar. 90.5 is only a 
guarantee of roughly 90 percent of the total TEA-21 program. 
The remaining discretionary funds have been distributed by the 
Secretary and earmarked by Congress, essentially diluting our 
guarantee to 86 cents on the dollar.
    This is why not only are the actual State percentages and 
dollar amounts important to donor States, but also why the 
methodology by which the formula is calculated is even more 
vital. Once again, the donor States are working to achieve a 95 
percent rate of return. The Ranking Member has assured me that 
my State will achieve this long fought goal of 95 percent rate 
of return by the end of SAFETEA in 2009. However, since I have 
not been able to read and analyze any of the formula 
calculations, I am not sure how we will get there. I have 
numerous questions about the formula, which I demand to have 
answered in January of 2004. How is the equity bonus 
calculated? What is the scope of the equity bonus? Is there 
enough revenue in SAFETEA to actually pay for a 95 percent rate 
of return? The Chairman informed members at the November 12 
business meeting that all of the numbers would be revealed on 
the day of the President's State of the Union address. However, 
there will not be a mark-up of the formula sections; they will 
be added to the SAFETEA legislation as an amendment on the 
Senate floor.
    The EPW committee should have an open mark-up of these 
provisions, so members of the committee have the opportunity to 
debate and amend the formula. That is our right and our 
responsibility as committee members. Once we proceed to the 
Senate floor, we will have less control over the situation and 
lack the expertise expected by our colleagues as members of the 
full committee to prepare for debate and possible amendment.
    Many of the policies in SAFETEA will greatly benefit the 
traveling public. The committee has constructed a piece of 
legislation that is intermodal and focuses attention on 
pressing issues, such as congestion and environmental 
protection. However, I remain concerned that we are not 
investing enough in our nation's infrastructure and are again 
missing an opportunity to have a lasting impact on America's 
global competitiveness. Additionally, I will continue to object 
to the hurried, secret manner of the development of SAFETEA and 
hope to continue working with the Chairman and Ranking Member 
to make this process as open and positive as possible. We all 
share a common goal of greater investment in our nation's 
surface transportation program to help saves lives, reduce 
congestion, protect the environment and increase economic 
efficiency. With the gas tank insufficiently filled and the 
maps to guide us missing, this legislation does not put our 
nation on the right road to achieving these objectives.
                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

                      TITLE 23--UNITED STATES CODE

                                HIGHWAYS

Chap.                                                               Sec.
    1. Federal-Aid Highways.......................................   101
    2. Other Highways.............................................   201
    3. General Provisions.........................................   301
    4. Highway Safety.............................................   401
    5. Research and Technology....................................   501

                    CHAPTER 1--FEDERAL-AID HIGHWAYS

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec.

101. Definitions and declaration of policy.
102. Program efficiencies.
103. Federal-aid systems.
104. Apportionment.
105. Minimum guarantee.
106. Project approval and oversight.
107. Acquisition of rights-of-way--Interstate System.
108. Advance acquisition of real property.
109. Standards.
110. Revenue aligned budget authority.
111. Agreements relating to use of and access to rights-of-way--
          Interstate System.
112. Letting of contracts.
113. Prevailing rate of wage.
114. Construction.
115. Advance construction.
116. Maintenance.
117. High priority projects program.
118. Availability of funds.
119. Interstate maintenance program.
120. Federal share payable.
121. Payment to States for construction.
122. Payments to States for bond and other debt instrument financing.
123. Relocation of utility facilities.
124. Advances to States.
125. Emergency relief.
126. Uniform transferability of Federal-aid highway funds.
127. Vehicle weight limitations--Interstate System.
128. Public hearings.
129. Toll roads, bridges, tunnels, and ferries.
130. Railway-highway crossings.
131. Control of outdoor advertising.
132. Payments on Federal-aid projects undertaken by a Federal agency.
133. Surface transportation program.
134. Metropolitan planning.
135. Statewide planning.
136. Control of junkyards.
137. Fringe and corridor parking facilities.
138. Preservation of parklands.
[139. [Repealed]]
139. Infrastructure performance and maintenance program.
140. Nondiscrimination.
141. Enforcement of requirements.
142. Public transportation.
143. Highway use tax evasion projects.
[144. Highway bridge replacement and rehabilitation program.]
144. Highway bridge program.
145. Federal-State relationship.
146. Carpool and vanpool projects.
[147. Priority primary routes.]
147. Construction of ferry boats and ferry terminal facilities.
[148. Development of a national scenic and recreational highway.]
148. Highway safety improvement program.
149. Congestion mitigation and air quality improvement program.
[150. [Repealed]]
150. Safe routes to school program.
151. National bridge inspection program.
[152. Hazard elimination program.]
152. Purchases of equipment.
153. Use of safety belts and motorcycle helmets.
154. Open container requirements.
[155. Access highways to public recreation areas on certain lakes.]
155. State habitat, streams, and wetlands mitigation funds.
156. Proceeds from the sale or lease of real property.
157. Safety incentive grants for use of seat belts.
158. National minimum drinking age.
159. Revocation or suspension of drivers' licenses of individuals 
          convicted of drug offenses.
160. Reimbursement for segments of the Interstate System constructed 
          without Federal assistance.
161. Operation of motor vehicles by intoxicated minors.
162. National scenic byways program.
163. Safety incentives to prevent operation of motor vehicles by 
          intoxicated persons.
164. Minimum penalties for repeat offenders for driving while 
          intoxicated or driving under the influence.
165. Eligibility for environmental restoration and pollution abatement.
166. Control of invasive plant species and establishment of native 
          species.
167. Highway stormwater discharge mitigation program.
168. Transportation systems management and operations.
169. Real-time system management information program.
170. Appalachian development highway system.
171. Multistate corridor program.
172. Border planning, operations, and technology program.
173. Puerto Rico highway program.
174. National historic covered bridge preservation.
175. Transportation and community and system preservation pilot program.

                  SUBCHAPTER II--INFRASTRUCTURE FINANCE

181. Definitions.
182. Determination of eligibility and project selection.
183. Secured loans.
184. Lines of credit.
[185. Project servicing.]
185. Program administration.
186. State and local permits.
187. Regulations.
188. Funding.
[189. Report to Congress.]

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. 101. Definitions and declaration of policy

  [(a) Definitions.--In this title, the following definitions 
apply:
            [(1) Apportionment.--The term ``apportionment'' 
        includes unexpended apportionments made under prior 
        authorization laws.
            [(2) Carpool project.--The term ``carpool project'' 
        means any project to encourage the use of carpools and 
        vanpools, including provision of carpooling 
        opportunities to the elderly and individuals with 
        disabilities, systems for locating potential riders and 
        informing them of carpool opportunities, acquiring 
        vehicles for carpool use, designating existing highway 
        lanes as preferential carpool highway lanes, providing 
        related traffic control devices, and designating 
        existing facilities for use for preferential parking 
        for carpools.
            [(3) Construction.--The term ``construction'' means 
        the supervising, inspecting, actual building, and 
        incurrence of all costs incidental to the construction 
        or reconstruction of a highway, including bond costs 
        and other costs relating to the issuance in accordance 
        with section 122 of bonds or other debt financing 
        instruments and costs incurred by the State in 
        performing Federal-aid project related audits that 
        directly benefit the Federal-aid highway program. Such 
        term includes--
                    [(A) locating, surveying, and mapping 
                (including the establishment of temporary and 
                permanent geodetic markers in accordance with 
                specifications of the National Oceanic and 
                Atmospheric Administration of the Department of 
                Commerce);
                    [(B) resurfacing, restoration, and 
                rehabilitation;
                    [(C) acquisition of rights-of-way;
                    [(D) relocation assistance, acquisition of 
                replacement housing sites, and acquisition and 
                rehabilitation, relocation, and construction of 
                replacement housing;
                    [(E) elimination of hazards of railway 
                grade crossings;
                    [(F) elimination of roadside obstacles;
                    [(G) improvements that directly facilitate 
                and control traffic flow, such as grade 
                separation of intersections, widening of lanes, 
                channelization of traffic, traffic control 
                systems, and passenger loading and unloading 
                areas; and
                    [(H) capital improvements that directly 
                facilitate an effective vehicle weight 
                enforcement program, such as scales (fixed and 
                portable), scale pits, scale installation, and 
                scale houses.
            [(4) County.--The term ``county'' includes 
        corresponding units of government under any other name 
        in States that do not have county organizations and, in 
        those States in which the county government does not 
        have jurisdiction over highways, any local government 
        unit vested with jurisdiction over local highways.
            [(5) Federal-aid highway.--The term ``Federal-aid 
        highway'' means a highway eligible for assistance under 
        this chapter other than a highway classified as a local 
        road or rural minor collector.
            [(6) Federal-aid system.--The term ``Federal-aid 
        system'' means any of the Federal-aid highway systems 
        described in section 103.
            [(7) Federal lands highway.--The term ``Federal 
        lands highway'' means a forest highway, public lands 
        highway, park road, parkway, refuge road, and Indian 
        reservation road that is a public road.
            [(8) Forest development roads and trails.--The term 
        ``forest development roads and trails'' means forest 
        roads and trails under the jurisdiction of the Forest 
        Service.
            [(9) Forest highway.--The term ``forest highway'' 
        means a forest road under the jurisdiction of, and 
        maintained by, a public authority and open to public 
        travel.
            [(10) Forest road or trail.--The term ``forest road 
        or trail'' means a road or trail wholly or partly 
        within, or adjacent to, and serving the National Forest 
        System that is necessary for the protection, 
        administration, and utilization of the National Forest 
        System and the use and development of its resources.
            [(11) Highway.--The term ``highway'' includes--
                    [(A) a road, street, and parkway;
                    [(B) a right-of-way, bridge, railroad-
                highway crossing, tunnel, drainage structure, 
                sign, guardrail, and protective structure, in 
                connection with a highway; and
                    [(C) a portion of any interstate or 
                international bridge or tunnel and the 
                approaches thereto, the cost of which is 
                assumed by a State transportation department, 
                including such facilities as may be required by 
                the United States Customs and Immigration 
                Services in connection with the operation of an 
                international bridge or tunnel.
            [(12) Indian reservation road.--The term ``Indian 
        reservation road'' means a public road that is located 
        within or provides access to an Indian reservation or 
        Indian trust land or restricted Indian land that is not 
        subject to fee title alienation without the approval of 
        the Federal Government, or Indian and Alaska Native 
        villages, groups, or communities in which Indians and 
        Alaskan Natives reside, whom the Secretary of the 
        Interior has determined are eligible for services 
        generally available to Indians under Federal laws 
        specifically applicable to Indians.
            [(13) Interstate system.--The term ``Interstate 
        System'' means the Dwight D. Eisenhower National System 
        of Interstate and Defense Highways described in section 
        103(c).
            [(14) Maintenance.--The term ``maintenance'' means 
        the preservation of the entire highway, including 
        surface, shoulders, roadsides, structures, and such 
        traffic-control devices as are necessary for safe and 
        efficient utilization of the highway.
            [(15) Maintenance area.--The term ``maintenance 
        area'' means an area that was designated as a 
        nonattainment area, but was later redesignated by the 
        Administrator of the Environmental Protection Agency as 
        an attainment area, under section 107(d) of the Clean 
        Air Act (42 U.S.C. 7407(d)).
            [(16) National highway system.--The term ``National 
        Highway System'' means the Federal-aid highway system 
        described in section 103(b).
            [(17) Operating costs for traffic monitoring, 
        management, and control.--The term ``operating costs 
        for traffic monitoring, management, and control'' 
        includes labor costs, administrative costs, costs of 
        utilities and rent, and other costs associated with the 
        continuous operation of traffic control, such as 
        integrated traffic control systems, incident management 
        programs, and traffic control centers.
            [(18) Operational improvement.--The term 
        ``operational improvement''--
                    [(A) means (i) a capital improvement for 
                installation of traffic surveillance and 
                control equipment, computerized signal systems, 
                motorist information systems, integrated 
                traffic control systems, incident management 
                programs, and transportation demand management 
                facilities, strategies, and programs, and (ii) 
                such other capital improvements to public roads 
                as the Secretary may designate, by regulation; 
                and
                    [(B) does not include resurfacing, 
                restoring, or rehabilitating improvements, 
                construction of additional lanes, interchanges, 
                and grade separations, and construction of a 
                new facility on a new location.
            [(19) Park road.--The term ``park road'' means a 
        public road, including a bridge built primarily for 
        pedestrian use, but with capacity for use by emergency 
        vehicles, that is located within, or provides access 
        to, an area in the National Park System with title and 
        maintenance responsibilities vested in the United 
        States.
            [(20) Parkway.--The term ``parkway'', as used in 
        chapter 2 of this title, means a parkway authorized by 
        Act of Congress on lands to which title is vested in 
        the United States.
            [(21) Project.--The term ``project'' means an 
        undertaking to construct a particular portion of a 
        highway, or if the context so implies, the particular 
        portion of a highway so constructed or any other 
        undertaking eligible for assistance under this title.
            [(22) Project agreement.--The term ``project 
        agreement'' means the formal instrument to be executed 
        by the State transportation department and the 
        Secretary as required by section 106.
            [(23) Public authority.--The term ``public 
        authority'' means a Federal, State, county, town, or 
        township, Indian tribe, municipal or other local 
        government or instrumentality with authority to 
        finance, build, operate, or maintain toll or toll-free 
        facilities.
            [(24) Public lands development roads and trails.--
        The term ``public lands development roads and trails'' 
        means those roads and trails that the Secretary of the 
        Interior determines are of primary importance for the 
        development, protection, administration, and 
        utilization of public lands and resources under the 
        control of the Secretary of the Interior.
            [(25) Public lands highway.--The term ``public 
        lands highway'' means a forest road under the 
        jurisdiction of and maintained by a public authority 
        and open to public travel or any highway through 
        unappropriated or unreserved public lands, nontaxable 
        Indian lands, or other Federal reservations under the 
        jurisdiction of and maintained by a public authority 
        and open to public travel.
            [(26) Public lands highways.--The term ``public 
        lands highways'' means those main highways through 
        unappropriated or unreserved public lands, nontaxable 
        Indian lands, or other Federal reservations, which are 
        on the Federal-aid systems.
            [(27) Public road.--The term ``public road'' means 
        any road or street under the jurisdiction of and 
        maintained by a public authority and open to public 
        travel.
            [(28) Refuge road.--The term ``refuge road'' means 
        a public road that provides access to or within a unit 
        of the National Wildlife Refuge System and for which 
        title and maintenance responsibility is vested in the 
        United States Government.
            [(29) Rural areas.--The term ``rural areas'' means 
        all areas of a State not included in urban areas.
            [(30) Safety improvement project.--The term 
        ``safety improvement project'' means a project that 
        corrects or improves high hazard locations, eliminates 
        roadside obstacles, improves highway signing and 
        pavement marking, installs priority control systems for 
        emergency vehicles at signalized intersections, 
        installs or replaces emergency motorist aid call boxes, 
        or installs traffic control or warning devices at 
        locations with high accident potential.
            [(31) Secretary.--The term ``Secretary'' means 
        Secretary of Transportation.
            [(32) State.--The term ``State'' means any of the 
        50 States, the District of Columbia, or Puerto Rico.
            [(33) State funds.--The term ``State funds'' 
        includes funds raised under the authority of the State 
        or any political or other subdivision thereof, and made 
        available for expenditure under the direct control of 
        the State transportation department.
            [(34) State transportation department.--The term 
        ``State transportation department'' means that 
        department, commission, board, or official of any State 
        charged by its laws with the responsibility for highway 
        construction.
            [(35) Transportation enhancement activities.--The 
        term ``transportation enhancement activities'' means, 
        with respect to any project or the area to be served by 
        the project, any of the following activities if such 
        activity relates to surface transportation: provision 
        of facilities for pedestrians and bicycles, provision 
        of safety and educational activities for pedestrians 
        and bicyclists, acquisition of scenic easements and 
        scenic or historic sites, scenic or historic highway 
        programs (including the provision of tourist and 
        welcome center facilities), landscaping and other 
        scenic beautification, historic preservation, 
        rehabilitation and operation of historic transportation 
        buildings, structures, or facilities (including 
        historic railroad facilities and canals), preservation 
        of abandoned railway corridors (including the 
        conversion and use thereof for pedestrian or bicycle 
        trails), control and removal of outdoor advertising, 
        archaeological planning and research, environmental 
        mitigation to address water pollution due to highway 
        runoff or reduce vehicle-caused wildlife mortality 
        while maintaining habitat connectivity, and 
        establishment of transportation museums.
            [(36) Urban area.--The term ``urban area'' means an 
        urbanized area or, in the case of an urbanized area 
        encompassing more than one State, that part of the 
        urbanized area in each such State, or urban place as 
        designated by the Bureau of the Census having a 
        population of 5,000 or more and not within any 
        urbanized area, within boundaries to be fixed by 
        responsible State and local officials in cooperation 
        with each other, subject to approval by the Secretary. 
        Such boundaries shall encompass, at a minimum, the 
        entire urban place designated by the Bureau of the 
        Census, except in the case of cities in the State of 
        Maine and in the State of New Hampshire.
            [(37) Urbanized area.--The term ``urbanized area'' 
        means an area with a population of 50,000 or more 
        designated by the Bureau of the Census, within 
        boundaries to be fixed by responsible State and local 
        officials in cooperation with each other, subject to 
        approval by the Secretary. Such boundaries shall 
        encompass, at a minimum, the entire urbanized area 
        within a State as designated by the Bureau of the 
        Census.]
    (a) Definitions.--In this title:
            (1) Apportionment.--The term ``apportionment'' 
        includes an unexpended apportionment made under a law 
        enacted before the date of enactment of the Safe, 
        Accountable, Flexible, and Efficient Transportation 
        Equity Act of 2003.
            (2) Carpool project.--
                    (A) In general.--The term ``carpool 
                project'' means any project to encourage the 
                use of carpools and vanpools.
                    (B) Inclusions.--The term ``carpool 
                project'' includes a project--
                            (i) to provide carpooling 
                        opportunities to the elderly and 
                        individuals with disabilities;
                            (ii) to develop and implement a 
                        system for locating potential riders 
                        and informing the riders of carpool 
                        opportunities;
                            (iii) to acquire vehicles for 
                        carpool use;
                            (iv) to designate highway lanes as 
                        preferential carpool highway lanes;
                            (v) to provide carpool-related 
                        traffic control devices; and
                            (vi) to designate facilities for 
                        use for preferential parking for 
                        carpools.
            (3) Construction.--
                    (A) In general.--The term ``construction'' 
                means the supervision, inspection, and actual 
                building of, and incurring of all costs 
                incidental to the construction or 
                reconstruction of a highway, including bond 
                costs and other costs relating to the issuance 
                in accordance with section 122 of bonds or 
                other debt financing instruments and costs 
                incurred by the State in performing Federal-aid 
                project related audits that directly benefit 
                the Federal-aid highway program.
                    (B) Inclusions.--The term ``construction'' 
                includes--
                            (i) locating, surveying, and 
                        mapping (including the establishment of 
                        temporary and permanent geodetic 
                        markers in accordance with 
                        specifications of the National Oceanic 
                        and Atmospheric Administration);
                            (ii) resurfacing, restoration, and 
                        rehabilitation;
                            (iii) acquisition of rights-of-way;
                            (iv) relocation assistance, 
                        acquisition of replacement housing 
                        sites, and acquisition and 
                        rehabilitation, relocation, and 
                        construction of replacement housing;
                            (v) elimination of hazards of 
                        railway grade crossings;
                            (vi) elimination of roadside 
                        obstacles;
                            (vii) improvements that directly 
                        facilitate and control traffic flow, 
                        such as--
                                    (I) grade separation of 
                                intersections;
                                    (II) widening of lanes;
                                    (III) channelization of 
                                traffic;
                                    (IV) traffic control 
                                systems; and
                                    (V) passenger loading and 
                                unloading areas;
                            (viii) capital improvements that 
                        directly facilitate an effective 
                        vehicle weight enforcement program, 
                        such as--
                                    (I) scales (fixed and 
                                portable);
                                    (II) scale pits;
                                    (III) scale installation; 
                                and
                                    (IV) scale houses;
                            (ix) improvements directly relating 
                        to securing transportation 
                        infrastructures for detection, 
                        preparedness, response, and recovery;
                            (x) operating costs relating to 
                        traffic monitoring, management, and 
                        control;
                            (xi) operational movements; and
                            (xii) transportation system 
                        management and operations.
            (4) County.--The term ``county'' includes--
                    (A) a corresponding unit of government 
                under any other name in a State that does not 
                have county organizations; and
                    (B) in those States in which the county 
                government does not have jurisdiction over 
                highways, any local government unit vested with 
                jurisdiction over local highways.
            (5) Federal-aid highway.--
                    (A) In general.--The term ``Federal-aid 
                highway'' means a highway eligible for 
                assistance under this chapter.
                    (B) Exclusions.--The term ``Federal-aid 
                highway'' does not include a highway classified 
                as a local road or rural minor collector.
            (6) Federal-aid system.--The term ``Federal-aid 
        system'' means any of the Federal-aid highway systems 
        described in section 103.
            (7) Federal lands highway.--The term ``Federal 
        lands highway'' means--
                    (A) a forest highway;
                    (B) a recreation road;
                    (C) a public Forest Service road;
                    (D) a park road;
                    (E) a parkway;
                    (F) a refuge road;
                    (G) an Indian reservation road that is a 
                public road; and
                    (H) a public lands highway.
            (8) Forest highway.--The term ``forest highway'' 
        means a forest road that is--
                    (A) under the jurisdiction of, and 
                maintained by, a public authority; and
                    (B) is open to public travel.
            (9) Forest road or trail.--
                    (A) In general.--The term ``forest road or 
                trail'' means a road or trail wholly or partly 
                within, or adjacent to, and serving National 
                Forest System land that is necessary for the 
                protection, administration, use, and 
                development of the resources of that land.
                    (B) Inclusions.--The term ``forest road or 
                trail'' includes--
                            (i) a classified forest road;
                            (ii) an unclassified forest road;
                            (iii) a temporary forest road; and
                            (iv) a public forest service road.
            (10) Freight transportation gateway.--
                    (A) In general.--The term ``freight 
                transportation gateway'' means a nationally or 
                regionally significant transportation port of 
                entry or hub for domestic and global trade or 
                military mobilization.
                    (B) Inclusions.--The term ``freight 
                transportation gateway'' includes freight 
                intermodal and Strategic Highway Network 
                connections that provide access to and from a 
                port or hub described in subparagraph (A).
            (11) Highway.--The term ``highway'' includes--
                    (A) a road, street, and parkway;
                    (B) a right-of-way, bridge, railroad-
                highway crossing, tunnel, drainage structure, 
                sign, guardrail, and protective structure, in 
                connection with a highway; and
                    (C) a portion of any interstate or 
                international bridge or tunnel (including the 
                approaches to the interstate or international 
                bridge or tunnel, and such transportation 
                facilities as may be required by the United 
                States Customs Service and the Bureau of 
                Citizenship and Immigration Services in 
                connection with the operation of an 
                international bridge or tunnel), the cost of 
                which is assumed by a State transportation 
                department.
            (12) Highway safety improvement project.--The term 
        ``highway safety improvement project'' means a project 
        that meets the requirements of section 148.
            (13) Indian reservation road.--
                    (A) In general.--The term ``Indian 
                reservation road'' means a public road that is 
                located within or provides access to an area 
                described in subparagraph (B) on which or in 
                which reside Indians or Alaskan Natives that, 
                as determined by the Secretary of the Interior, 
                are eligible for services generally available 
                to Indians under Federal laws specifically 
                applicable to Indians.
                    (B) Areas.--The areas referred to in 
                subparagraph (A) are--
                            (i) an Indian reservation;
                            (ii) Indian trust land or 
                        restricted Indian land that is not 
                        subject to fee title alienation without 
                        the approval of the Federal Government; 
                        and
                            (iii) an Indian or Alaska Native 
                        village, group, or community.
            (14) Interstate system.--The term ``Interstate 
        System'' means the Dwight D. Eisenhower National System 
        of Interstate and Defense Highways described in section 
        103(c).
            (15) Maintenance.--
                    (A) In general.--The term ``maintenance'' 
                means the preservation of a highway.
                    (B) Inclusions.--The term ``maintenance'' 
                includes the preservation of--
                            (i) the surface, shoulders, 
                        roadsides, and structures of a highway; 
                        and
                            (ii) such traffic-control devices 
                        as are necessary for safe, secure, and 
                        efficient use of a highway.
            (16) Maintenance area.--The term ``maintenance 
        area'' means an area that was designated as a 
        nonattainment area, but was later redesignated by the 
        Administrator of the Environmental Protection Agency as 
        an attainment area, under section 107(d) of the Clean 
        Air Act (42 U.S.C. 7407(d)).
            (17) National forest system road or trail.--The 
        term ``National Forest System road or trail'' means a 
        forest road or trail that is under the jurisdiction of 
        the Forest Service.
            (18) National highway system.--The term ``National 
        Highway System'' means the Federal-aid highway system 
        described in section 103(b).
            (19) Operating costs for traffic monitoring, 
        management, and control.--The term ``operating costs 
        for traffic monitoring, management, and control'' 
        includes--
                    (A) labor costs;
                    (B) administrative costs;
                    (C) costs of utilities and rent;
                    (D) costs incurred by transportation 
                agencies for technology to monitor critical 
                transportation infrastructure for security 
                purposes; and
                    (E) other costs associated with 
                transportation systems management and 
                operations and the continuous operation of 
                traffic control, such as--
                            (i) an integrated traffic control 
                        system;
                            (ii) an incident management 
                        program; and
                            (iii) a traffic control center.
            (20) Operational improvement.--
                    (A) In general.--The term ``operational 
                improvement'' means--
                            (i) a capital improvement for 
                        installation or implementation of--
                                    (I) a transportation system 
                                management and operations 
                                program;
                                    (II) traffic and 
                                transportation security 
                                surveillance and control 
                                equipment;
                                    (III) a computerized signal 
                                system;
                                    (IV) a motorist information 
                                system;I28    (V) an integrated 
                                traffic control system;
                                    (VI) an incident management 
                                program;
                                    (VII) equipment and 
                                programs for transportation 
                                response to manmade and natural 
                                disasters; or
                                    (VIII) a transportation 
                                demand management facility, 
                                strategy, or program; and
                            (ii) such other capital 
                        improvements to a public road as the 
                        Secretary may designate by regulation.
                    (B) Exclusions.--The term ``operational 
                improvement'' does not include--
                            (i) a resurfacing, restorative, or 
                        rehabilitative improvement;
                            (ii) construction of an additional 
                        lane, interchange, or grade separation; 
                        or
                            (iii) construction of a new 
                        facility on a new location.
            (21) Park road.--The term ``park road'' means a 
        public road (including a bridge built primarily for 
        pedestrian use, but with capacity for use by emergency 
        vehicles) that is located within, or provides access 
        to, an area in the National Park System with title and 
        maintenance responsibilities vested in the United 
        States.
            (22) Parkway.--The term ``parkway'' means a parkway 
        authorized by an Act of Congress on land to which title 
        is vested in the United States.
            (23) Project.--The term ``project'' means--
                    (A)(i) an undertaking to construct a 
                particular portion of a highway; or
                    (ii) if the context so implies, a 
                particular portion of a highway so constructed; 
                and
                    (B) any other undertaking eligible for 
                assistance under this title.
            (24) Project agreement.--The term ``project 
        agreement'' means the formal instrument to be executed 
        by the Secretary and a State transportation department 
        under section 106.
            (25) Public authority.--The term ``public 
        authority'' means a Federal, State, county, town, or 
        township, Indian tribe, municipal or other local 
        government or instrumentality with authority to 
        finance, build, operate, or maintain toll or toll-free 
        facilities.
            (26) Public forest service road.--The term ``public 
        Forest Service road'' means a classified forest road--
                    (A) that is open to public travel;
                    (B) for which title and maintenance 
                responsibility is vested in the Federal 
                Government; and
                    (C) that has been designated a public road 
                by the Forest Service.
            (27) Public lands development roads and trails.--
        The term ``public lands development roads and trails'' 
        means roads and trails that the Secretary of the 
        Interior determines are of primary importance for the 
        development, protection, administration, and use of 
        public lands and resources under the control of the 
        Secretary of the Interior.
            (28) Public lands highway.--The term ``public lands 
        highway'' means--
                    (A) a forest road that is--
                            (i) under the jurisdiction of, and 
                        maintained by, a public authority; and
                            (ii) open to public travel; and
                    (B) any highway through unappropriated or 
                unreserved public land, nontaxable Indian land, 
                or any other Federal reservation (including a 
                main highway through such land or reservation 
                that is on the Federal-aid system) that is--
                            (i) under the jurisdiction of, and 
                        maintained by, a public authority; and
                            (ii) open to public travel.
            (29) Public road.--The term ``public road'' means 
        any road or street that is--
                    (A) under the jurisdiction of, and 
                maintained by, a public authority; and
                    (B) open to public travel.
            (30) Recreational road.--The term ``recreational 
        road'' means a public road--
                    (A) that provides access to a museum, lake, 
                reservoir, visitors center, gateway to a major 
                wilderness area, public use area, or 
                recreational or historic site; and
                    (B) for which title is vested in the 
                Federal Government.
            (31) Refuge road.--The term ``refuge road'' means a 
        public road--
                    (A) that provides access to or within a 
                unit of the National Wildlife Refuge System or 
                a national fish hatchery; and
                    (B) for which title and maintenance 
                responsibility is vested in the United States 
                Government.
            (32) Rural area.--The term ``rural area'' means an 
        area of a State that is not included in an urban area.
            (33) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
            (34) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia; and
                    (C) the Commonwealth of Puerto Rico.
            (35) State funds.--The term ``State funds'' 
        includes funds that are--
                    (A) raised under the authority of the State 
                (or any political or other subdivision of a 
                State); and
                    (B) made available for expenditure under 
                the direct control of the State transportation 
                department.
            (36) State transportation department.--The term 
        ``State transportation department'' means the 
        department, agency, commission, board, or official of 
        any State charged by the laws of the State with the 
        responsibility for highway construction.
            (37) Territorial highway system.--The term 
        ``territorial highway system'' means the system of 
        arterial highways, collector roads, and necessary 
        interisland connectors in American Samoa, the 
        Commonwealth of the Northern Mariana Islands, Guam, and 
        the United States Virgin Islands that have been 
        designated by the appropriate Governor or chief 
        executive officer of a territory, and approved by the 
        Secretary, in accordance with section 215.
            (38) Transportation enhancement activity.--The term 
        ``transportation enhancement activity'' means, with 
        respect to any project or the area to be served by the 
        project, any of the following activities as the 
        activities relate to surface transportation:
                    (A) Provision of facilities for pedestrians 
                and bicycles.
                    (B) Provision of safety and educational 
                activities for pedestrians and bicyclists.
                    (C) Acquisition of scenic easements and 
                scenic or historic sites (including historic 
                battlefields).
                    (D) Conduct of scenic or historic highway 
                programs (including the provision of tourist 
                and welcome center facilities).
                    (E) Landscaping and other scenic 
                beautification.
                    (F) Historic preservation.
                    (G) Rehabilitation and operation of 
                historic transportation buildings, structures, 
                or facilities (including historic railroad 
                facilities and canals).
                    (H) Preservation of abandoned railway 
                corridors (including the conversion and use of 
                the corridors for pedestrian or bicycle 
                trails).
                    (I) Control and removal of outdoor 
                advertising.
                    (J) Archaeological planning and research.
                    (K) Environmental mitigation--
                            (i) to address water pollution due 
                        to highway runoff; or
                            (ii) reduce vehicle-caused wildlife 
                        mortality while maintaining habitat 
                        connectivity.
                    (L) Establishment of transportation 
                museums.
            (39) Transportation systems management and 
        operations.--
                    (A) In general.--The term ``transportation 
                systems management and operations'' means an 
                integrated program to optimize the performance 
                of existing infrastructure through the 
                implementation of multimodal and intermodal, 
                cross-jurisdictional systems, services, and 
                projects designed to preserve capacity and 
                improve security, safety, and reliability of 
                the transportation system.
                    (B) Inclusions.--The term ``transportation 
                systems management and operations'' includes--
                            (i) regional operations 
                        collaboration and coordination 
                        activities between transportation and 
                        public safety agencies; and
                            (ii) improvements to the 
                        transportation system such as traffic 
                        detection and surveillance, arterial 
                        management, freeway management, demand 
                        management, work zone management, 
                        emergency management, electronic toll 
                        collection, automated enforcement, 
                        traffic incident management, roadway 
                        weather management, traveler 
                        information services, commercial 
                        vehicle operations, traffic control, 
                        freight management, and coordination of 
                        highway, rail, transit, bicycle, and 
                        pedestrian operations.
            (40) Urban area.--The term ``urban area'' means--
                    (A) an urbanized area (or, in the case of 
                an urbanized area encompassing more than 1 
                State, the portion of the urbanized area in 
                each State); and
                    (B) an urban place designated by the Bureau 
                of the Census that--
                            (i) has a population of 5,000 or 
                        more;
                            (ii) is not located within any 
                        urbanized area; and
                            (iii) is located within boundaries 
                        that--
                                    (I) are fixed cooperatively 
                                by responsible State and local 
                                officials, subject to approval 
                                by the Secretary; and
                                    (II) encompass, at a 
                                minimum, the entire urban place 
                                designated by the Bureau of the 
                                Census (except in the case of 
                                cities in the State of Maine 
                                and in the State of New 
                                Hampshire).
            (41) Urbanized area.--The term ``urbanized area'' 
        means an area that--
                    (A) has a population of 50,000 or more;
                    (B) is designated by the Bureau of the 
                Census; and
                    (C) is located within boundaries that--
                            (i) are fixed cooperatively by 
                        responsible State and local officials, 
                        subject to approval by the Secretary; 
                        and
                            (ii) encompass, at a minimum, the 
                        entire urbanized area within a State as 
                        designated by the Bureau of the Census.
    [(b) It is hereby declared to be]
    (b) Declaration of Policy.--
            (1) Acceleration of construction of federal-aid 
        highway systems.--Congress declares that it is in the 
        national interest to accelerate the construction of the 
        Federal-aid highway systems, including the National 
        System of Interstate and Defense Highways, since many 
        of such highways, or portions thereof, are in fact 
        inadequate to meet the needs of local and interstate 
        commerce, for the national and civil defense. [
    It is hereby declared]
            (2) Completion of interstate system.--Congress 
        declares that the prompt and early completion of the 
        National System of Interstate and Defense Highways, so 
        named because of its primary importance to the national 
        defense and hereafter referred to as the ``Interstate 
        System'', is essential to the national interest and is 
        one of the most important objectives of this Act. It is 
        the intent of Congress that the Interstate System be 
        completed as nearly as practicable over the period of 
        availability of the forty years' appropriations 
        authorized for the purpose of expediting its 
        construction, reconstruction, or improvement, inclusive 
        of necessary tunnels and bridges, through the fiscal 
        year ending September 30, 1996, under section 108(b) of 
        the Federal-Aid Highway Act of 1956 (70 Stat. 374), and 
        that the entire system in all States be brought to 
        simultaneous completion. Insofar as possible in 
        consonance with this objective, existing highways 
        located on an interstate route shall be used to the 
        extent that such use is practicable, suitable, and 
        feasible, it being the intent that local needs, to the 
        extent practicable, suitable, and feasible, shall be 
        given equal consideration with the needs of interstate 
        commerce.
    [It is further declared that since the Interstate System is 
now in the final phase of completion it shall be the national 
policy that increased emphasis be placed on the construction 
and reconstruction of the other Federal-aid systems in 
accordance with the first paragraph of this subsection, in 
order to bring all of the Federal-aid systems up to standards 
and to increase the safety of these systems to the maximum 
extent.]
            (3) Transportation needs of 21st century.--Congress 
        declares that--
                    (A) it is in the national interest to 
                preserve and enhance the surface transportation 
                system to meet the needs of the United States 
                for the 21st Century;
                    (B) the current urban and long distance 
                personal travel and freight movement demands 
                have surpassed the original forecasts and 
                travel demand patterns are expected to change;
                    (C) continued planning for and investment 
                in surface transportation is critical to ensure 
                the surface transportation system adequately 
                meets the changing travel demands of the 
                future;
                    (D) among the foremost needs that the 
                surface transportation system must meet to 
                provide for a strong and vigorous national 
                economy are safe, efficient, and reliable--
                            (i) national and interregional 
                        personal mobility (including personal 
                        mobility in rural and urban areas) and 
                        reduced congestion;
                            (ii) flow of interstate and 
                        international commerce and freight 
                        transportation; and
                            (iii) travel movements essential 
                        for national security;
                    (E) special emphasis should be devoted to 
                providing safe and efficient access for the 
                type and size of commercial and military 
                vehicles that access designated National 
                Highway System intermodal freight terminals;
                    (F) it is in the national interest to seek 
                ways to eliminate barriers to transportation 
                investment created by the current modal 
                structure of transportation financing;
                    (G) the connection between land use and 
                infrastructure is significant;
                    (H) transportation should play a 
                significant role in promoting economic growth, 
                improving the environment, and sustaining the 
                quality of life; and
                    (I) the Secretary should take appropriate 
                actions to preserve and enhance the Interstate 
                System to meet the needs of the 21st Century.

           *       *       *       *       *       *       *

Sec. 102. Program efficiencies

    [(a) HOV Passenger Requirements.--
            [(1) In general.--A State transportation department 
        shall establish the occupancy requirements of vehicles 
        operating in high occupancy vehicle lanes; except that 
        no fewer than 2 occupants per vehicle may be required 
        and, subject to section 163 of the Surface 
        Transportation Assistance Act of 1982, motorcycles and 
        bicycles shall not be considered single occupant 
        vehicles.
            [(2) Exception for inherently low-emission 
        vehicles.--Notwithstanding paragraph (1), before 
        September 30, 2003, a State may permit a vehicle with 
        fewer than 2 occupants to operate in high occupancy 
        vehicle lanes if the vehicle is certified as an 
        Inherently Low-Emission Vehicle pursuant to title 40, 
        Code of Federal Regulations, and is labeled in 
        accordance with, section 88.312-93(c) of such title. 
        Such permission may be revoked by the State should the 
        State determine it necessary.]
    (a) High Occupancy Vehicle Lane Passenger Requirements.--
            (1) Definitions.--In this subsection:
                    (A) Responsible agency.--The term 
                ``responsible agency'' means--
                            (i) a State transportation 
                        department; and
                            (ii) a local agency in a State that 
                        is responsible for transportation 
                        matters.
                    (B) Seriously degraded.--The term 
                ``seriously degraded'', with respect to a high 
                occupancy vehicle lane, means, in the case of a 
                high occupancy vehicle lane, the minimum 
                average operating speed, performance threshold, 
                and associated time period of the high 
                occupancy vehicle lane, calculated and 
                determined jointly by all applicable 
                responsible agencies and based on conditions 
                unique to the roadway, are unsatisfactory.
            (2) Requirements.--
                    (A) In general.--Subject to subparagraph 
                (B), for each State, 1 or more responsible 
                agencies shall establish the occupancy 
                requirements of vehicles operating on high 
                occupancy vehicle lanes.
                    (B) Minimum number of occupants.--Except as 
                provided in paragraph (3), an occupancy 
                requirement established under subparagraph (A) 
                shall--
                            (i) require at least 2 occupants 
                        per vehicle for a vehicle operating on 
                        a high occupancy vehicle lane; and
                            (ii) in the case of a high 
                        occupancy vehicle lane that traverses 
                        an adjacent State, be established in 
                        consultation with the adjacent State.
            (3) Exceptions to hov occupancy requirements.--
                    (A) Motorcycles.--For the purpose of this 
                subsection, a motorcycle--
                            (i) shall not be considered to be a 
                        single occupant vehicle; and
                            (ii) shall be allowed to use a high 
                        occupancy vehicle lane unless a 
                        responsible agency--
                                    (I) certifies to the 
                                Secretary the use of a high 
                                occupancy vehicle lane by a 
                                motorcycle would create a 
                                safety hazard; and
                                    (II) restricts that the use 
                                of the high occupancy vehicle 
                                lane by motorcycles.
                    (B) Low emission and energy-efficient 
                vehicles.--
                            (i) Definition of low emission and 
                        energy-efficient vehicle.--In this 
                        subparagraph, the term ``low emission 
                        and energy-efficient vehicle'' means a 
                        vehicle that has been certified by the 
                        Administrator of the Environmental 
                        Protection Agency--
                                    (I)(aa) to have a 45-mile 
                                per gallon or greater fuel 
                                economy highway rating; or
                                    (bb) to qualify as an 
                                alternative fueled vehicle 
                                under section 301 of the Energy 
                                Policy Act of 1992 (42 U.S.C. 
                                13211); and
                                    (II) as meeting Tier II 
                                emission level established in 
                                regulations promulgated by the 
                                Administrator of the 
                                Environmental Protection Agency 
                                under section 202(i) of the 
                                Clean Air Act (42 U.S.C. 
                                7521(i)) for that make and 
                                model year vehicle.
                            (ii) Exemption for low emission and 
                        energy-efficient vehicles.--A 
                        responsible agency may permit 
                        qualifying low emission and energy-
                        efficient vehicles that do not meet 
                        applicable occupancy requirements (as 
                        determined by the responsible agency) 
                        to use high occupancy vehicle lanes if 
                        the responsible agency--
                                    (I) establishes a program 
                                that addresses how those 
                                qualifying low emission and 
                                energy-efficient vehicles are 
                                selected and certified;
                                    (II) establishes 
                                requirements for labeling 
                                qualifying low emission and 
                                energy-efficient vehicles 
                                (including procedures for 
                                enforcing those requirements);
                                    (III) continuously 
                                monitors, evaluates, and 
                                reports to the Secretary on 
                                performance; and
                                    (IV) imposes such 
                                restrictions on the use on high 
                                occupancy vehicle lanes by 
                                vehicles that do not satisfy 
                                established occupancy 
                                requirements as are necessary 
                                to ensure that the performance 
                                of individual high occupancy 
                                vehicle lanes, and the entire 
                                high occupancy vehicle lane 
                                system, will not become 
                                seriously degraded.
                    (C) Tolling of vehicles.--
                            (i) In general.--A responsible 
                        agency may permit vehicles, in addition 
                        to the vehicles described in paragraphs 
                        (A), (B), and (D) that do not satisfy 
                        established occupancy requirements, to 
                        use a high occupancy vehicle lane only 
                        if the responsible agency charges those 
                        vehicles a toll.
                            (ii) Applicable authority.--In 
                        imposing a toll under clause (i), a 
                        responsible agency shall--
                                    (I) be subject to section 
                                129;
                                    (II) establish a toll 
                                program that addresses ways in 
                                which motorists may enroll and 
                                participate in the program;
                                    (III) develop, manage, and 
                                maintain a system that will 
                                automatically collect the tolls 
                                from covered vehicles;
                                    (IV) continuously monitor, 
                                evaluate, and report on 
                                performance of the system;
                                    (V) establish such policies 
                                and procedures as are 
                                necessary--
                                            (aa) to vary the 
                                        toll charged in order 
                                        to manage the demand 
                                        for use of high 
                                        occupancy vehicle 
                                        lanes; and
                                            (bb) to enforce 
                                        violations; and
                                    (VI) establish procedures 
                                to impose such restrictions on 
                                the use of high occupancy 
                                vehicle lanes by vehicles that 
                                do not satisfy established 
                                occupancy requirements as are 
                                necessary to ensure that the 
                                performance of individual high 
                                occupancy vehicle lanes, and 
                                the entire high occupancy 
                                vehicle lane system, will not 
                                become seriously degraded.
                    (D) Designated public transportation 
                vehicles.--
                            (i) Definition of designated public 
                        transportation vehicle.--In this 
                        subparagraph, the term ``designated 
                        public transportation vehicle'' means a 
                        vehicle that--
                                    (I) provides designated 
                                public transportation (as 
                                defined in section 221 of the 
                                Americans with Disabilities Act 
                                of 1990 (42 U.S.C. 12141)); and
                                    (II)(aa) is owned or 
                                operated by a public entity; or
                                    (bb) is operated under a 
                                contract with a public entity.
                            (ii) Use of high occupancy vehicle 
                        lanes.--A responsible agency may permit 
                        designated public transportation 
                        vehicles that do not satisfy 
                        established occupancy requirements to 
                        use high occupancy vehicle lanes if the 
                        responsible agency--
                                    (I) requires the clear and 
                                identifiable labeling of each 
                                designated public 
                                transportation vehicle 
                                operating under a contract with 
                                a public entity with the name 
                                of the public entity on all 
                                sides of the vehicle;
                                    (II) continuously monitors, 
                                evaluates, and reports on 
                                performance of those designated 
                                public transportation vehicles; 
                                and
                                    (III) imposes such 
                                restrictions on the use of high 
                                occupancy vehicle lanes by 
                                designated public 
                                transportation vehicles as are 
                                necessary to ensure that the 
                                performance of individual high 
                                occupancy vehicle lanes, and 
                                the entire high occupancy 
                                vehicle lane system, will not 
                                become seriously degraded.
                    (E) HOV lane management, operation, and 
                monitoring.--
                            (i) In general.--A responsible 
                        agency that permits any of the 
                        exceptions specified in this paragraph 
                        shall comply with clauses (ii) and 
                        (iii).
                            (ii) Performance monitoring, 
                        evaluation, and reporting.--A 
                        responsible agency described in clause 
                        (i) shall establish, manage, and 
                        support a performance monitoring, 
                        evaluation, and reporting program under 
                        which the responsible agency 
                        continuously monitors, assesses, and 
                        reports on the effects that any vehicle 
                        permitted to use a high occupancy 
                        vehicle lane under an exception under 
                        this paragraph may have on the 
                        operation of--
                                    (I) individual high 
                                occupancy vehicle lanes; and
                                    (II) the entire high 
                                occupancy vehicle lane system.
                            (iii) Operation of hov lane or 
                        system.--A responsible agency described 
                        in clause (i) shall limit use of, or 
                        cease to use, any of the exceptions 
                        specified in this paragraph if the 
                        presence of any vehicle permitted to 
                        use a high occupancy vehicle lane under 
                        an exception under this paragraph 
                        seriously degrades the operation of--
                                    (I) individual high 
                                occupancy vehicle lanes; and
                                    (II) the entire high 
                                occupancy vehicle lane system.
    (b) Access of Motorcycles.--No State or political 
subdivision of a State may enact or enforce a law that applies 
only to motorcycles and the principal purpose of which is to 
restrict the access of motorcycles to any highway or portion of 
a highway for which Federal-aid highway funds have been 
utilized for planning, design, construction, or maintenance. 
Nothing in this subsection shall affect the authority of a 
State or political subdivision of a State to regulate 
motorcycles for safety.
    (c) Engineering Cost Reimbursement.--If on-site 
construction of, or acquisition of right-of-way for, a highway 
project is not commenced within 10 years (or such longer period 
as the State requests and the Secretary determines to be 
reasonable) after the date on which Federal funds are first 
made available, out of the Highway Trust Fund (other than Mass 
Transit Account), for preliminary engineering of such project, 
the State shall pay an amount equal to the amount of Federal 
funds made available for such engineering. The Secretary shall 
deposit in such Fund all amounts paid to the Secretary under 
this section.

           *       *       *       *       *       *       *

Sec. 103. Federal-aid systems

    (a) In General.--For the purposes of this title, the 
Federal-aid systems are the Interstate System and the National 
Highway System.
    (b) National Highway System.--
            (1) * * *

           *       *       *       *       *       *       *

            (6) Eligible projects for nhs.--Subject to approval 
        by the Secretary, funds apportioned to a State under 
        section 104(b)(1) for the National Highway System may 
        be obligated for any of the following:
                    (A) Construction, reconstruction, 
                resurfacing, restoration, and rehabilitation of 
                segments of the National Highway System.
                    (B) Operational improvements for segments 
                of the National Highway System.
                    (C) Construction of, and operational 
                improvements for, a Federal-aid highway not on 
                the National Highway System, and construction 
                of a transit project eligible for assistance 
                under chapter 53 of title 49, if--
                            (i) the highway or transit project 
                        is in the same corridor as, and in 
                        proximity to, a fully access-controlled 
                        highway designated as a part of the 
                        National Highway System;
                            (ii) the construction or 
                        improvements will improve the level of 
                        service on the fully access-controlled 
                        highway described in clause (i) and 
                        improve regional traffic flow; and
                            (iii) the construction or 
                        improvements are more cost-effective 
                        than an improvement to the fully 
                        access-controlled highway described in 
                        clause (i).
                    (D) Highway safety improvements for 
                segments of the National Highway System.
                    (E) Transportation planning in accordance 
                with sections 134 and 135.
                    (F) Highway research and planning in 
                accordance with chapter 5.
                    (G) Highway-related technology transfer 
                activities.
                    (H) Capital and operating costs for traffic 
                monitoring, management, and control facilities 
                and programs.
                    (I) Fringe and corridor parking facilities.
                    (J) Carpool and vanpool projects.
                    (K) Bicycle transportation and pedestrian 
                walkways in accordance with section 217.
                    (L) Development, establishment, and 
                implementation of management systems under 
                section 303.
                    (M)(i) In accordance with all applicable 
                Federal law (including regulations), 
                participation in natural habitat and wetland 
                mitigation efforts related to projects funded 
                under this title, which may include 
                participation in natural habitat and wetland 
                mitigation banks, contributions to statewide 
                and regional efforts to conserve, restore, 
                enhance, and create natural habitats and 
                wetland, and development of statewide and 
                regional natural habitat and wetland 
                conservation and mitigation plans, including 
                any such banks, efforts, and plans authorized 
                under the Water Resources Development Act of 
                1990 (Public Law 101-640) (including crediting 
                provisions). Contributions to the mitigation 
                efforts described in the preceding sentence may 
                take place concurrent with or in advance of 
                project construction; except that contributions 
                in advance of project construction may occur 
                only if the efforts are consistent with all 
                applicable requirements of Federal law 
                (including regulations) and State 
                transportation planning processes. With respect 
                to participation in a natural habitat or 
                wetland mitigation effort related to a project 
                funded under this title that has an impact that 
                occurs within the service area of a mitigation 
                bank, preference shall be given, to the maximum 
                extent practicable, to the use of the 
                mitigation bank if the bank contains sufficient 
                available credits to offset the impact and the 
                bank is approved in accordance with the Federal 
                Guidance for the Establishment, Use and 
                Operation of Mitigation Banks (60 Fed. Reg. 
                58605 (November 28, 1995)) or other applicable 
                Federal law (including regulations).
                    (ii) State habitat, streams, and wetlands 
                mitigation efforts under section 155.
                    (N) Publicly-owned intracity or intercity 
                bus terminals.
                    (O) Infrastructure-based intelligent 
                transportation systems capital improvements.
                    (P) In the Virgin Islands, Guam, American 
                Samoa, and the Commonwealth of the Northern 
                Mariana Islands, any project eligible for 
                assistance under section 133, any airport, and 
                any seaport.
                    (Q) Environmental restoration and pollution 
                abatement in accordance with section 165.
                    (R) Control of invasive plant species and 
                establishment of native species in accordance 
                with section 166.
            (7) Freight intermodal connections to the nhs.--
                    (A) Funding set-aside.--Of the funds 
                apportioned to a State for each fiscal year 
                under section 104(b)(1), an amount determined 
                in accordance with subparagraph (B) shall only 
                be available to the State to be obligated for 
                projects on--
                            (i) National Highway System routes 
                        connecting to intermodal freight 
                        terminals identified according to 
                        criteria specified in the report to 
                        Congress entitled ``Pulling Together: 
                        The National Highway System and its 
                        Connections to Major Intermodal 
                        Terminals'' dated May 24, 1996, 
                        referred to in paragraph (1), and any 
                        modifications to the connections that 
                        are consistent with paragraph (4);
                            (ii) strategic highway network 
                        connectors to strategic military 
                        deployment ports; and
                            (iii) projects to eliminate 
                        railroad crossings or make railroad 
                        crossing improvements.
                    (B) Determination of amount.--The amount of 
                funds for each State for a fiscal year that 
                shall be set aside under subparagraph (A) shall 
                be equal to the greater of--
                            (i) the product obtained by 
                        multiplying--
                                    (I) the total amount of 
                                funds apportioned to the State 
                                under section 104(b)(1); by
                                    (II) the percentage of 
                                miles that routes specified in 
                                subparagraph (A) constitute of 
                                the total miles on the National 
                                Highway System in the State; or
                            (ii) 2 percent of the annual 
                        apportionment to the State of funds 
                        under 104(b)(1).
                    (C) Exemption from set-aside.--For any 
                fiscal year, a State may obligate the funds 
                otherwise set aside by this paragraph for any 
                project that is eligible under paragraph (6) 
                and is located in the State on a segment of the 
                National Highway System specified in paragraph 
                (2), if the State certifies and the Secretary 
                concurs that--
                            (i) the designated National Highway 
                        System intermodal connectors described 
                        in subparagraph (A) are in good 
                        condition and provide an adequate level 
                        of service for military vehicle and 
                        civilian commercial vehicle use; and
                            (ii) significant needs on the 
                        designated National Highway System 
                        intermodal connectors are being met or 
                        do not exist.

           *       *       *       *       *       *       *

    (c) Interstate System.--
            (1) Description.--

           *       *       *       *       *       *       *

            (4) Interstate system designations.--
                    (A) Additions.--If the Secretary determines 
                that a highway on the National Highway System 
                meets all standards of a highway on the 
                Interstate System and that the highway is a 
                logical addition or connection to the 
                Interstate System, the Secretary may, upon the 
                affirmative recommendation of the State or 
                States in which the highway is located, 
                designate the highway as a route on the 
                Interstate System.
                    (B) Designations as future interstate 
                system routes.--
                            (i) In general.--If the Secretary 
                        determines that a highway on the 
                        National Highway System would be a 
                        logical addition or connection to the 
                        Interstate System and would qualify for 
                        designation as a route on the 
                        Interstate System under subparagraph 
                        (A) if the highway met all standards of 
                        a highway on the Interstate System, the 
                        Secretary may, upon the affirmative 
                        recommendation of the State or States 
                        in which the highway is located, 
                        designate the highway as a future 
                        Interstate System route.
                            (ii) Written agreement of states.--
                        A designation under clause (i) shall be 
                        made only upon the written agreement of 
                        the State or States described in such 
                        clause that the highway will be 
                        constructed to meet all standards of a 
                        highway on the Interstate System by the 
                        date that is [12] 25 years after the 
                        date of the agreement.
                            (iii) Removal of designation.--
                                    (I) In general.--If the 
                                State or States described in 
                                clause (i) have not 
                                substantially completed the 
                                construction of a highway 
                                designated under this 
                                subparagraph within the time 
                                provided for [in the agreement 
                                between the Secretary and the 
                                State or States] under clause 
                                (ii), the Secretary shall 
                                remove the designation of the 
                                highway as a future Interstate 
                                System route.
                                    (II) Effect of removal.--
                                Removal of the designation of a 
                                highway under subclause (I) 
                                shall not preclude the 
                                Secretary from designating the 
                                highway as a route on the 
                                Interstate System under 
                                subparagraph (A) or under any 
                                other provision of law 
                                providing for addition to the 
                                Interstate System.
                                    (III) Existing 
                                agreements.--An agreement 
                                described in clause (ii) that 
                                is entered into before the date 
                                of enactment of this 
                                subparagraph shall be deemed to 
                                include the 25-year time 
                                limitation described in that 
                                clause, regardless of any 
                                earlier construction completion 
                                date in the agreement.
                            (iv) Prohibition on referral as 
                        interstate system route.--No law, rule, 
                        regulation, map, document, or other 
                        record of the United States, or of any 
                        State or political subdivision of a 
                        State, shall refer to any highway 
                        designated as a future Interstate 
                        System route under this subparagraph, 
                        nor shall any such highway be signed or 
                        marked, as a highway on the Interstate 
                        System until such time as the highway 
                        is constructed to the geometric and 
                        construction standards for the 
                        Interstate System and has been 
                        designated as a route on the Interstate 
                        System.
                    (C) Financial responsibility.--Except as 
                provided in this title, the designation of a 
                highway under this paragraph shall create no 
                additional Federal financial responsibility 
                with respect to the highway.
            (5) Exemption of interstate system.--
                    (A) In general.--Except as provided in 
                subparagraph (B), the Interstate System shall 
                not be considered to be a historic site under 
                section 303 of title 49 or section 138 of this 
                title, regardless of whether the Interstate 
                System or portions of the Interstate System are 
                listed on, or eligible for listing on, the 
                National Register of Historic Places.
                    (B) Individual elements.--A portion of the 
                Interstate System that possesses an independent 
                feature of historic significance, such as a 
                historic bridge or a highly significant 
                engineering feature, that would qualify 
                independently for listing on the National 
                Register of Historic Places, shall be 
                considered to be a historic site under section 
                303 of title 49 or section 138 of this title, 
                as applicable.

           *       *       *       *       *       *       *

Sec. 104. Apportionment

    [(a) Administrative Expenses.--
            [(1) In general.--Whenever an apportionment is made 
        of the sums made available for expenditure on each of 
        the surface transportation program under section 133, 
        the bridge program under section 144, the congestion 
        mitigation and air quality improvement program under 
        section 149, the Interstate and National Highway System 
        program, the minimum guarantee program under section 
        105, the Federal lands highway program under section 
        204, or the Appalachian development highway system 
        program under section 201 of the Appalachian Regional 
        Development Act of 1965 (40 U.S.C. App.), the Secretary 
        shall deduct a sum, in an amount not to exceed--
                    [(A) 1\1/6\ percent of all sums so made 
                available, as the Secretary determines 
                necessary--
                            [(i) to administer the provisions 
                        of law to be financed from 
                        appropriations for the Federal-aid 
                        highway program and programs authorized 
                        under chapter 2; and
                            [(ii) to make transfers of such 
                        sums as the Secretary determines to be 
                        appropriate to the Appalachian Regional 
                        Commission for administrative 
                        activities associated with the 
                        Appalachian development highway system; 
                        and
                    [(B) one-third of 1 percent of all sums so 
                made available, as the Secretary determines 
                necessary, to administer the provisions of law 
                to be financed from appropriations for motor 
                carrier safety programs and motor carrier 
                safety research.
            [(2) Consideration of unobligated balances.--In 
        making the determination described in paragraph (1), 
        the Secretary shall take into account the unobligated 
        balance of any sums deducted under this subsection in 
        prior fiscal years.
            [(3) Availability.--The sum deducted under 
        paragraph (1) shall remain available until expended.
            [(4)Limitation on transferability.--Unless 
        expressly authorized by law, the Secretary may not 
        transfer any sums deducted under paragraph (1) to a 
        Federal agency or entity other than the Federal Highway 
        Administration and the Federal Motor Carrier Safety 
        Administration.]
    (a) Administrative Expenses.--
            (1) In general.--There are authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to be made available to the 
        Secretary of Transportation for administrative expenses 
        of the Federal Highway Administration--
                    (A) $450,000,000 for fiscal year 2004;
                    (B) $465,000,000 for fiscal year 2005;
                    (C) $480,000,000 for fiscal year 2006;
                    (D) $495,000,000 for fiscal year 2007;
                    (E) $510,000,000 for fiscal year 2008; and
                    (F) $525,000,000 for fiscal year 2009.
            (2) Purposes.--The funds authorized by this 
        subsection shall be used--
                    (A) to administer the provisions of law to 
                be financed from appropriations for the 
                Federal-aid highway program and programs 
                authorized under chapter 2; and
                    (B) to make transfers of such sums as the 
                Secretary determines to be appropriate to the 
                Appalachian Regional Commission for 
                administrative activities associated with the 
                Appalachian development highway system.
            (3) Availability.--The funds made available under 
        paragraph (1) shall remain available until expended.
    (b) Apportionments.--On October 1 of each fiscal year, the 
Secretary, after making [the deduction authorized by subsection 
(a) and] the set-aside authorized by subsection (f), shall 
apportion the remainder of the sums authorized to be 
appropriated for expenditure on the Interstate and National 
Highway System program, the Congestion Mitigation and Air 
Quality Improvement program, the highway safety improvement 
program and the Surface Transportation program for that fiscal 
year, among the several States in the following manner:
            (1) National highway system component.--
                    (A) In general.--For the National Highway 
                System (excluding funds apportioned under 
                paragraph (4)), $36,400,000 for each fiscal 
                year to the Virgin Islands, Guam, American 
                Samoa, and the Commonwealth of Northern Mariana 
                Islands, $18,800,000 for each of fiscal years 
                [1998 through 2002] 2004 through 2009 for the 
                Alaska Highway, and the remainder apportioned 
                as follows:
                            (i) 25 percent in the ratio that--
                                    (I) the total lane miles of 
                                principal arterial routes 
                                (excluding Interstate System 
                                routes) in each State; bears to
                                    (II) the total lane miles 
                                of principal arterial routes 
                                (excluding Interstate System 
                                routes) in all States.
                            (ii) 35 percent in the ratio that--
                                    (I) the total vehicle miles 
                                traveled on lanes on principal 
                                arterial routes (excluding 
                                Interstate System routes) in 
                                each State; bears to
                                    (II) the total vehicle 
                                miles traveled on lanes on 
                                principal arterial routes 
                                (excluding Interstate System 
                                routes) in all States.
                            (iii) 30 percent in the ratio 
                        that--
                                    (I) the total diesel fuel 
                                used on highways in each State; 
                                bears to
                                    (II) the total diesel fuel 
                                used on highways in all States.
                            (iv) 10 percent in the ratio that--
                                    (I) the quotient obtained 
                                by dividing the total lane 
                                miles on principal arterial 
                                highways in each State by the 
                                total population of the State; 
                                bears to
                                    (II) the quotient obtained 
                                by dividing the total lane 
                                miles on principal arterial 
                                highways in all States by the 
                                total population of all States.
                    (B) Minimum apportionment.--Notwithstanding 
                subparagraph (A) and paragraph (4), each State 
                shall receive a minimum of \1/2\ of 1 percent 
                of the funds apportioned under subparagraph (A) 
                and paragraph (4).
            (2) Congestion mitigation and air quality 
        improvement program.--
                    (A) In general.--For the congestion 
                mitigation and air quality improvement program, 
                in the ratio that--
                            (i) the total of all weighted 
                        nonattainment and maintenance area 
                        populations in each State; bears to
                            (ii) the total of all weighted 
                        nonattainment and maintenance area 
                        populations in all States.
                    (B) Calculation of weighted nonattainment 
                and maintenance area population.--Subject to 
                subparagraph (C), for the purpose of 
                subparagraph (A), the weighted nonattainment 
                and maintenance area population shall be 
                calculated by multiplying the population of 
                each area in a State that was a nonattainment 
                area or maintenance area as described in 
                section 149(b) for [ozone or carbon monoxide] 
                ozone, carbon monoxide, or fine particulate 
                matter (PM2.5) by a factor of--
                            [(i) 0.8 if--]
                            (i) 1.0, if at the time of 
                        apportionment, the area is a 
                        maintenance area;
                                    (I) at the time of the 
                                apportionment, the area is a 
                                maintenance area; or
                                    (II) at the time of the 
                                apportionment, the area is 
                                classified as a submarginal 
                                ozone nonattainment area under 
                                the Clean Air Act (42 U.S.C. 
                                7401 et seq.);
                            (ii) 1.0 if, at the time of the 
                        apportionment, the area is classified 
                        as a marginal ozone nonattainment area 
                        under subpart 2 of part D of title I of 
                        the Clean Air Act (42 U.S.C. 7511 et 
                        seq.);
                            (iii) 1.1 if, at the time of the 
                        apportionment, the area is classified 
                        as a moderate ozone nonattainment area 
                        under such subpart;
                            (iv) 1.2 if, at the time of the 
                        apportionment, the area is classified 
                        as a serious ozone nonattainment area 
                        under such subpart;
                            (v) 1.3 if, at the time of the 
                        apportionment, the area is classified 
                        as a severe ozone nonattainment area 
                        under such subpart;
                            (vi) 1.4 if, at the time of the 
                        apportionment, the area is classified 
                        as an extreme ozone nonattainment area 
                        under such subpart; [or]
                            (vii) 1.0 if, at the time of the 
                        apportionment, the area is not a 
                        nonattainment or maintenance [area as 
                        described in section 149(b) for ozone] 
                        area for ozone (as described in section 
                        149(b)) or for PM-2.5, but is 
                        classified under subpart 3 of part D of 
                        title I of such Act (42 U.S.C. 7512 et 
                        seq.) as a nonattainment area described 
                        in section 149(b) for carbon 
                        monoxide[.];
                            (viii) 1.0 if, at the time of 
                        apportionment, any county that is not 
                        designated as a nonattainment or 
                        maintenance area under the 1-hour ozone 
                        standard is designated as nonattainment 
                        under the 8-hour ozone standard;
                            (ix) 1.2 if, at the time of 
                        apportionment, the area is not a 
                        nonattainment or maintenance area as 
                        described in section 149(b) for ozone 
                        or carbon monoxide, but is an area 
                        designated nonattainment under the PM-
                        2.5 standard.
                    [(C) Additional adjustment for carbon 
                monoxide areas.--
                            [(i) Carbon monoxide nonattainment 
                        areas.--If, in addition to being 
                        classified as a nonattainment or 
                        maintenance area for ozone, the area 
                        was also classified under subpart 3 of 
                        part D of title I of such Act (42 
                        U.S.C. 7512 et seq.) as a nonattainment 
                        area described in section 149(b) for 
                        carbon monoxide, the weighted 
                        nonattainment or maintenance area 
                        population of the area, as determined 
                        under clauses (i) through (vi) of 
                        subparagraph (B), shall be further 
                        multiplied by a factor of 1.2.
                            [(ii) Carbon monoxide maintenance 
                        areas.--If, in addition to being 
                        classified as a nonattainment or 
                        maintenance area for ozone, the area 
                        was at one time also classified under 
                        subpart 3 of part D of title I of such 
                        Act (42 U.S.C. 7512 et seq.) as a 
                        nonattainment area described in section 
                        149(b) for carbon monoxide but has been 
                        redesignated as a maintenance area, the 
                        weighted nonattainment or maintenance 
                        area population of the area, as 
                        determined under clauses (i) through 
                        (vi) of subparagraph (B), shallfurther 
                        multiplied by a factor of 1.1.]
                    (C) Additional adjustment for carbon 
                monoxide areas.--If, in addition to being 
                designated as a nonattainment or maintenance 
                area for ozone as described in section 149(b), 
                any county within the area was also classified 
                under subpart 3 of part D of title I of the 
                Clean Air Act (42 U.S.C. 7512 et seq.) as a 
                nonattainment or maintenance area described in 
                section 149(b) for carbon monoxide, the 
                weighted nonattainment or maintenance area 
                population of the county, as determined under 
                clauses (i) through (vi) or clause (viii) of 
                subparagraph (B), shall be further multiplied 
                by a factor of 1.2.
                    (D) Additional adjustment for pm 2.5 
                areas.--If, in addition to being designated as 
                a nonattainment or maintenance area for ozone 
                or carbon monoxide, or both as described in 
                section 149(b), any county within the area was 
                also designated under the PM-2.5 standard as a 
                nonattainment or maintenance area, the weighted 
                nonattainment or maintenance area population of 
                those counties shall be further multiplied by a 
                factor of 1.2.
                    [(D)] (E) Minimum apportionment.--
                Notwithstanding any other provision of this 
                paragraph, each State shall receive a minimum 
                of \1/2\ of 1 percent of the funds apportioned 
                under this paragraph.
                    [(E)] (F) Determinations of population.--In 
                determining population figures for the purposes 
                of this paragraph, the Secretary shall use the 
                latest available annual estimates prepared by 
                the Secretary of Commerce.
            (3) Surface transportation program.--
                    (A) In general.--For the surface 
                transportation program, in accordance with the 
                following formula:
                            (i) 25 percent of the 
                        apportionments in the 
                        ratio that--
                                    (I) the total lane miles of 
                                Federal-aid highways in each 
                                State; bears to
                                    (II) the total lane miles 
                                of Federal-aid highways in all 
                                States.
                            (ii) 40 percent of the 
                        apportionments in the 
                        ratio that--
                                    (I) the total vehicle miles 
                                traveled on lanes on Federal-
                                aid highways in each State; 
                                bears to
                                    (II) the total vehicle 
                                miles traveled on lanes on 
                                Federal-aid highways in all 
                                States.
                            (iii) 35 percent of the 
                        apportionments in the 
                        ratio that--
                                    (I) the estimated tax 
                                payments attributable to 
                                highway users in each State 
                                paid into the Highway Trust 
                                Fund (other than the Mass 
                                Transit Account) in the latest 
                                fiscal year for which data are 
                                available; bears to
                                    (II) the estimated tax 
                                payments attributable to 
                                highway users in all States 
                                paid into the Highway Trust 
                                Fund (other than the Mass 
                                Transit Account) in the latest 
                                fiscal year for which data are 
                                available.
                    (B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a 
                minimum of \1/2\ of 1 percent of the funds 
                apportioned under this paragraph.
            (4) Interstate maintenance component.--For 
        resurfacing, restoring, rehabilitating, and 
        reconstructing the Interstate System--
                    (A) 33\1/3\ percent in the ratio that--
                            (i) the total lane miles on 
                        Interstate System routes open to 
                        traffic in each State; bears to
                            (ii) the total of all such lane 
                        miles in all States;
                    (B) 33\1/3\ percent in the ratio that--
                            (i) the total vehicle miles 
                        traveled on Interstate System routes 
                        open to traffic in each State; bears to
                            (ii) the total of all such vehicle 
                        miles traveled in all States; and
                    (C) 33\1/3\ percent in the ratio that--
                            (i) the total of each State's 
                        annual contributions to the Highway 
                        Trust Fund (other than the Mass Transit 
                        Account) attributable to commercial 
                        vehicles; bears to
                            (ii) the total of such annual 
                        contributions by all States.
            (5) Highway safety improvement program.--
                    (A) In general.--For the highway safety 
                improvement program, in accordance with the 
                following formula:
                            (i) 25 percent of the 
                        apportionments in the ratio that--
                                    (I) the total lane miles of 
                                Federal-aid highways in each 
                                State; bears to
                                    (II) the total lane miles 
                                of Federal-aid highways in all 
                                States.
                            (ii) 40 percent of the 
                        apportionments in the ratio that--
                                    (I) the total vehicle miles 
                                traveled on lanes on Federal-
                                aid highways in each State; 
                                bears to
                                    (II) the total vehicle 
                                miles traveled on lanes on 
                                Federal-aid highways in all 
                                States.
                            (iii) 35 percent of the 
                        apportionments in the ratio that--
                                    (I) the estimated tax 
                                payments attributable to 
                                highway users in each State 
                                paid into the Highway Trust 
                                Fund (other than the Mass 
                                Transit Account) in the latest 
                                fiscal year for which data are 
                                available; bears to
                                    (II) the estimated tax 
                                payments attributable to 
                                highway users in all States 
                                paid into the Highway Trust 
                                Fund (other than the Mass 
                                Transit Account) in the latest 
                                fiscal year for which data are 
                                available.
                    (B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a 
                minimum of \1/2\ of 1 percent of the funds 
                apportioned under this paragraph.

           *       *       *       *       *       *       *

    (d) Operation Lifesaver and High Speed Rail Corridors.--
            (1) Operation lifesaver.--Before making an 
        apportionment under subsection [(b)(3)] (b)(5) of this 
        section for a fiscal year, the Secretary shall set 
        aside [$500,000] $600,000 for such fiscal year for 
        carrying out a public information and education program 
        to help prevent and reduce motor vehicle accidents, 
        injuries, and fatalities and to improve driver 
        performance at railway-highway crossings.

           *       *       *       *       *       *       *

    (e) Certification of Apportionments.--
            (1) In general.--On October 1 of each fiscal year 
        the Secretary shall certify to each of the State 
        transportation departments the sums which he has 
        apportioned hereunder to each State for such fiscal 
        year[, and also the sums which he has deducted for 
        administration pursuant to subsection (a) of this 
        section]. To permit the States to develop adequate 
        plans for the utilization of apportioned sums the 
        Secretary shall advise each State of the amount that 
        will be apportioned each year under this section not 
        later than ninety days before the beginning of the 
        fiscal year for which the sums to be apportioned are 
        authorized, except that in the case of the Interstate 
        System the Secretary shall advise each State ninety 
        days prior to the apportionment of such funds.

           *       *       *       *       *       *       *

    (f) Metropolitan Planning.--
            [(1) Set-aside.--On October 1 of each fiscal year, 
        the Secretary, after making the deduction authorized by 
        subsection (a) of this section, shall set aside not to 
        exceed 1 percent of the remaining funds authorized to 
        be appropriated for expenditure upon programs 
        authorized under this title, for the purpose of 
        carrying out the requirements of section 134 of this 
        title.]
            (1) Set-aside.--On October 1 of each fiscal year, 
        the Secretary shall set aside 1.5 percent of the funds 
        authorized to be appropriated for expenditure upon 
        programs authorized under this title to carry out the 
        requirements of section 134.
            (2) Apportionment to states of set-aside funds.--
        These funds shall be apportioned to the States in the 
        ratio which the population in urbanized areas or parts 
        thereof, in each State bears to the total population in 
        such urbanized areas in all the States as shown by the 
        latest available census, except that no State shall 
        receive less than one-half [per centum] percent of the 
        amount apportioned.
            (3) Use of funds.--[The funds]
                    (A) In general.--The funds apportioned to 
                any State under paragraph (2) of this 
                subsection shall be made available by the State 
                to the metropolitan planning organizations 
                responsible for carrying out the provisions of 
                section 134 of this title, except that States 
                receiving the minimum apportionment under 
                paragraph (2) may, in addition, subject to the 
                approval of the Secretary, use the funds 
                apportioned to finance transportation planning 
                outside of urbanized areas. These funds shall 
                be matched in accordance with section 120(b) 
                unless the Secretary determines that the 
                interests of the Federal-aid highway program 
                would be best served without such matching.
                    (B) Unused funds.--Any funds that are not 
                used to carry out section 134 may be made 
                available by a metropolitan planning 
                organization to the State to fund activities 
                under section 135.

           *       *       *       *       *       *       *

            (6) Federal share.--Funds apportioned to a State 
        under this subsection shall be matched in accordance 
        with section 120(b) unless the Secretary determines 
        that the interests of the Federal-aid highway program 
        would be best served without the match.

           *       *       *       *       *       *       *

    (h) Recreational Trails Program.--
            (1) Administrative costs.--[Whenever]
                    (A) In general.--In any case in which an 
                apportionment is made of the sums authorized to 
                be appropriated to carry out the recreational 
                trails program under section 206, the Secretary 
                shall deduct an amount, not to exceed 1\1/2\ 
                percent of the sums authorized, to cover the 
                cost to the Secretary for administration of and 
                [research and technical assistance under the 
                recreational trails program and for 
                administration of the National Recreational 
                Trails Advisory Committee] research, technical 
                assistance, and training under the recreational 
                trails program. [The Secretary]
                    (B) Contracts and agreements.--The 
                Secretary may enter into contracts with for-
                profit organizations or contracts, 
                partnerships, or cooperative agreements with 
                other government agencies, institutions of 
                higher learning, or nonprofit organizations to 
                perform these tasks.
            (2) Apportionment to the states.--After making the 
        deduction authorized by paragraph (1) of this 
        subsection, the Secretary shall apportion the remainder 
        of the sums authorized to be appropriated for 
        expenditure on the recreational trails program for each 
        fiscal year, among the States in the following manner:
                    (A) 50 percent of that amount shall be 
                apportioned equally among eligible States.
                    (B) 50 percent of that amount shall be 
                apportioned among eligible States in amounts 
                proportionate to the degree of non-highway 
                recreational fuel use in each of those States 
                during the preceding year.
            (3) Eligible state defined.--In this section, the 
        term ``eligible State'' means a State that meets the 
        requirements of section 206(c).

           *       *       *       *       *       *       *

    (i) Audits of Highway Trust Fund.--From administrative 
funds [deducted] made available under subsection (a), the 
Secretary may reimburse the Office of Inspector General of the 
Department of Transportation for the conduct of annual audits 
of financial statements in accordance with section 3521 of 
title 31.

           *       *       *       *       *       *       *

    [(k) Transfer of Highway and Transit Funds.--
            [(1) Transfer of highway funds.--Funds made 
        available under this title and transferred for transit 
        projects of a type described in section 133(b)(2) shall 
        be administered by the Secretary in accordance with 
        chapter 53 of title 49, except that the provisions of 
        this title relating to the non-Federal share shall 
        apply to the transferred funds.
            [(2) Transfer of transit funds.--Funds made 
        available under chapter 53 of title 49 and transferred 
        for highway projects shall be administered by the 
        Secretary in accordance with this title, except that 
        the provisions of such chapter relating to the non-
        Federal share shall apply to the transferred funds.
            [(3) Transfer of obligation authority.--Obligation 
        authority provided for projects described in paragraphs 
        (1) and (2) shall be transferred in the same manner and 
        amount as the funds for the projects are transferred.]
    (k) Transfer of Highway and Transit Funds.--
            (1) Transfer of highway funds for transit 
        projects.--
                    (A) In general.--Subject to subparagraph 
                (B), funds made available for transit projects 
                or transportation planning under this title may 
                be transferred to and administered by the 
                Secretary in accordance with chapter 53 of 
                title 49.
                    (B) Non-federal share.--The provisions of 
                this title relating to the non-Federal share 
                shall apply to the transferred funds.
            (2) Transfer of transit funds for highway 
        projects.--Funds made available for highway projects or 
        transportation planning under chapter 53 of title 49 
        may be transferred to and administered by the Secretary 
        in accordance with this title.
            (3) Transfer of highway funds to other federal 
        agencies.--
                    (A) In general.--Except as provided in 
                clauses (i) and (ii) and subparagraph (B), 
                funds made available under this title or any 
                other Act that are derived from Highway Trust 
                Fund (other than the Mass Transit account) may 
                be transferred to another Federal agency if--
                            (i)(I) an expenditure is 
                        specifically authorized in Federal-aid 
                        highway legislation or as a line item 
                        in an appropriation act; or
                            (II) a State transportation 
                        department consents to the transfer of 
                        funds;
                            (ii) the Secretary determines, 
                        after consultation with the State 
                        transportation department (as 
                        appropriate), that the Federal agency 
                        should carry out a project with the 
                        funds; and
                            (iii) the other Federal agency 
                        agrees to accept the transfer of funds 
                        and to administer the project.
                    (B) Administration.--
                            (i) Procedures.--A project carried 
                        out with funds transferred to a Federal 
                        agency under subparagraph (A) shall be 
                        administered by the Federal agency 
                        under the procedures of the Federal 
                        agency.
                            (ii) Appropriations.--Funds 
                        transferred to a Federal agency under 
                        subparagraph (A) shall not be 
                        considered an augmentation of the 
                        appropriations of the Federal agency.
                            (iii) Non-federal share.--The 
                        provisions of this title, or an Act 
                        described in subparagraph (A), relating 
                        to the non-Federal share shall apply to 
                        a project carried out with the 
                        transferred funds, unless the Secretary 
                        determines that it is in the best 
                        interest of the United States that the 
                        non-Federal share be waived.
            (4) Transfer of funds among states or to federal 
        highway administration.--
                    (A) In general.--Subject to subparagraphs 
                (B) through (D), the Secretary may, at the 
                request of a State, transfer funds apportioned 
                or allocated to the State to another State, or 
                to the Federal Highway Administration, for the 
                purpose of funding 1 or more specific projects.
                    (B) Administration.--The transferred funds 
                shall be used for the same purpose and in the 
                same manner for which the transferred funds 
                were authorized.
                    (C) Apportionment.--The transfer shall have 
                no effect on any apportionment formula used to 
                distribute funds to States under this section 
                or section 105 or 144.
                    (D) Surface transportation program.--Funds 
                that are apportioned or allocated to a State 
                under subsection (b)(3) and attributed to an 
                urbanized area of a State with a population of 
                over 200,000 individuals under section 
                133(d)(2) may be transferred under this 
                paragraph only if the metropolitan planning 
                organization designated for the area concurs, 
                in writing, with the transfer request.
            (5) Transfer of obligation authority.--Obligation 
        authority for funds transferred under this subsection 
        shall be transferred in the same manner and amount as 
        the funds for the projects are transferred under this 
        subsection.

           *       *       *       *       *       *       *

    (m) Planning Capacity Building Initiative.--
            (1) In general.--The Secretary shall carry out a 
        planning capacity building initiative to support 
        enhancements in transportation planning to--
                    (A) strengthen the processes and products 
                of metropolitan and statewide transportation 
                planning under this title;
                    (B) enhance tribal capacity to conduct 
                joint transportation planning under chapter 2;
                    (C) participate in the metropolitan and 
                statewide transportation planning programs 
                under this title; and
                    (D) increase the knowledge and skill level 
                of participants in metropolitan and statewide 
                transportation.
            (2) Priority.--The Secretary shall give priority to 
        planning practices and processes that support--
                    (A) the transportation elements of homeland 
                security planning, including--
                            (i) training and best practices 
                        relating to emergency evacuation;
                            (ii) developing materials to assist 
                        areas in coordinating emergency 
                        management and transportation 
                        officials; and
                            (iii) developing training on how 
                        planning organizations may examine 
                        security issues;
                    (B) performance-based planning, including--
                            (i) data and data analysis 
                        technologies to be shared with States, 
                        metropolitan planning organizations, 
                        local governments, and nongovernmental 
                        organizations that--
                                    (I) participate in 
                                transportation planning;
                                    (II) use the data and data 
                                analysis to engage in 
                                metropolitan, tribal, or 
                                statewide transportation 
                                planning;
                                    (III) involve the public in 
                                the development of 
                                transportation plans, projects, 
                                and alternative scenarios; and
                                    (IV) develop strategies to 
                                avoid, minimize, and mitigate 
                                the impacts of transportation 
                                facilities and projects; and
                            (ii) improvement of the quality of 
                        congestion management systems, 
                        including the development of--
                                    (I) a measure of 
                                congestion;
                                    (II) a measure of 
                                transportation system 
                                reliability; and
                                    (III) a measure of induced 
                                demand;
                    (C) safety planning, including--
                            (i) development of State strategic 
                        safety plans consistent with section 
                        148;
                            (ii) incorporation of work zone 
                        safety into planning; and
                            (iii) training in the development 
                        of data systems relating to highway 
                        safety;
                    (D) operations planning, including--
                            (i) developing training of the 
                        integration of transportation system 
                        operations and management into the 
                        transportation planning process; and
                            (ii) training and best practices 
                        relating to regional concepts of 
                        operations;
                    (E) freight planning, including--
                            (i) modeling of freight at a 
                        regional and statewide level; and
                            (ii) techniques for engaging the 
                        freight community with the planning 
                        process;
                    (F) air quality planning, including--
                            (i) assisting new and existing 
                        nonattainment and maintenance areas in 
                        developing the technical capacity to 
                        perform air quality conformity 
                        analysis;
                            (ii) providing training on areas 
                        such as modeling and data collection to 
                        support air quality planning and 
                        analysis;
                            (iii) developing concepts and 
                        techniques to assist areas in meeting 
                        air quality performance timeframes; and
                            (iv) developing materials to 
                        explain air quality issues to 
                        decisionmakers and the public; and
                    (G) integration of environment and 
                planning.
            (3) Use of funds.--The Secretary shall use amounts 
        made available under paragraph (4) to make grants to, 
        or enter into contracts, cooperative agreements, and 
        other transactions with, a Federal agency, State 
        agency, local agency, federally recognized Indian 
        tribal government or tribal consortium, authority, 
        association, nonprofit or for-profit corporation, or 
        institution of higher education for research, program 
        development, information collection and dissemination, 
        and technical assistance.
            (4) Set-aside.--
                    (A) In general.--On October 1 of each 
                fiscal year, of the funds made available under 
                subsection (a), the Secretary shall set aside 
                $4,000,000 to carry out this subsection.
                    (B) Federal share.--The Federal share of 
                the cost of an activity carried out using funds 
                made available under subparagraph (A) shall be 
                100 percent.
                    (C) Availability.--Funds made available 
                under subparagraph (A) shall remain available 
                until expended.
    (n) Bicycle and Pedestrian Safety Grants.--On October 1 of 
each of fiscal years 2004 through 2009, the Secretary, after 
making the deductions authorized by subsections (a) and (f), 
shall set aside $500,000 of the remaining funds apportioned 
under subsection (b)(3) for use in carrying out the bicycle and 
pedestrian safety grant program under section 217.

           *       *       *       *       *       *       *

Sec. 105. Minimum guarantee

    [(a) General Rule.--For each of fiscal years 1998 through 
2003, the Secretary shall allocate among the States amounts 
sufficient to ensure that each State's percentage of the total 
apportionments for such fiscal year of Interstate maintenance, 
national highway system, bridge, congestion mitigation and air 
quality improvement, surface transportation, metropolitan 
planning, minimum guarantee, high priority projects, 
Appalachian development highway system, and recreational trails 
programs shall equal the percentage listed for each State in 
subsection (b). The minimum amount allocated to a State under 
this section for a fiscal year shall be $1,000,000.
    [(b) State Percentages.--The percentage for each State 
referred to in subsection (a) shall be determined in accordance 
with the following table:

[States:                                                      Percentage
    [Alabama..................................................   2.0269 
    [Alaska...................................................   1.1915 
    [Arizona..................................................   1.5581 
    [Arkansas.................................................   1.3214 
    [California...............................................   9.1962 
    [Colorado.................................................   1.1673 
    [Connecticut..............................................   1.5186 
    [Delaware.................................................   0.4424 
    [District of Columbia.....................................   0.3956 
    [Florida..................................................   4.6176 
    [Georgia..................................................   3.5104 
    [Hawaii...................................................   0.5177 
    [Idaho....................................................   0.7718 
    [Illinois.................................................   3.3819 
    [Indiana..................................................   2.3588 
    [Iowa.....................................................   1.2020 
    [Kansas...................................................   1.1717 
    [Kentucky.................................................   1.7365 
    [Louisiana................................................   1.5900 
    [Maine....................................................   0.5263 
    [Maryland.................................................   1.5087 
    [Massachusetts............................................   1.8638 
    [Michigan.................................................   3.1535 
    [Minnesota................................................   1.4993 
    [Mississippi..............................................   1.2186 
    [Missouri.................................................   2.3615 
    [Montana..................................................   0.9929 
    [Nebraska.................................................   0.7768 
    [Nevada...................................................   0.7248 
    [New Hampshire............................................   0.5163 
    [New Jersey...............................................   2.5816 
    [New Mexico...............................................   0.9884 
    [New York.................................................   5.1628 
    [North Carolina...........................................   2.8298 
    [North Dakota.............................................   0.6553 
    [Ohio.....................................................   3.4257 
    [Oklahoma.................................................   1.5419 
    [Oregon...................................................   1.2183 
    [Pennsylvania.............................................   4.9887 
    [Rhode Island.............................................   0.5958 
    [South Carolina...........................................   1.5910 
    [South Dakota.............................................   0.7149 
    [Tennessee................................................   2.2646 
    [Texas....................................................   7.2131 
    [Utah.....................................................   0.7831 
    [Vermont..................................................   0.4573 
    [Virginia.................................................   2.5627 
    [Washington...............................................   1.7875 
    [West Virginia............................................   1.1319 
    [Wisconsin................................................   1.9916 
    [Wyoming..................................................   0.6951 
---------------------------------------------------------------------------
  
---------------------------------------------------------------------------
    [(c) Treatment of Funds.--
            [(1) Programmatic distribution.--The Secretary 
        shall apportion the amounts made available under this 
        section that exceed $2,800,000,000 so that the amount 
        apportioned to each State under this paragraph for each 
        program referred to in subsection (a) (other than 
        metropolitan planning, minimum guarantee, high priority 
        projects, Appalachian development highway system, and 
        recreational trails programs) is equal to the amount 
        determined by multiplying the amount to be apportioned 
        under this paragraph by the ratio that--
                    [(A) the amount of funds apportioned to 
                each State for each program referred to in 
                subsection (a) (other than metropolitan 
                planning, minimum guarantee, high priority 
                projects, Appalachian development highway 
                system, and recreational trails programs) for a 
                fiscal year; bears to
                    [(B) the total amount of funds apportioned 
                to each State for such program for such fiscal 
                year.
            [(2) Remaining distribution.--The Secretary shall 
        administer the remainder of funds made available under 
        this section to the States in accordance with section 
        104(b)(3); except that requirements of paragraphs (1), 
        (2), and (3) of section 133(d) shall not apply to 
        amounts administered pursuant to this paragraph.
    [(d) Authorization.--There are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account) such sums as may be necessary to carry out 
this section for each of fiscal years 1998 through 2003.
    [(e) Special Rule.--If in any of fiscal years 1999 through 
2003, the amount authorized under subsection (d) is more than 
30 percent higher than the amount authorized under subsection 
(d) in fiscal year 1998, the Secretary shall use the 
apportionment factors under sections 104 and 144 as in effect 
on the date of enactment of this section.
    [(f) Guarantee of 90.5 Return.--
            [(1) In general.--Before making any apportionment 
        under this title for each of fiscal years 1999 through 
        2003, the Secretary, subject to paragraph (2), shall 
        adjust the percentages in the table in subsection (b) 
        to reflect the estimated percentage of estimated tax 
        payments attributable to highway users in each State 
        paid into the Highway Trust Fund (other than the Mass 
        Transit Account) in the latest fiscal year for which 
        data is available, to ensure that no State's percentage 
        return from such Trust Fund is less than 90.5 percent.
            [(2) Eligibility threshold for initial 
        adjustment.--The Secretary may make an adjustment under 
        paragraph (1) for a State for a fiscal year only if the 
        State's percentage return from the Highway Trust Fund 
        (other than the Mass Transit Account) in the table in 
        subsection (b) was equal to 90.5 percent.
            [(3) Conforming adjustments.--After making any 
        adjustments under paragraph (1) for a fiscal year, the 
        Secretary shall proportionately adjust the remaining 
        percentages in the table in subsection (b) to ensure 
        that the total of the percentages in the table is equal 
        to 100 percent for such fiscal year.
            [(4) Limitation on adjustments.--After making any 
        adjustments under paragraph (3) for a fiscal year, the 
        Secretary shall determine whether or not any State's 
        percentage return from the Highway Trust Fund (other 
        than the Mass Transit Account) is less than 90.5 
        percent as a result of such adjustments and shall 
        adjust the percentages in the table for such fiscal 
        year accordingly. Adjustments of the percentages in the 
        table under this paragraph may not result in the total 
        of such percentages exceeding 100 percent.]
    (a) General Rule.--For each of fiscal years 2004 through 
2009, the Secretary shall ensure that the percentage of 
apportionments of each State is sufficient to ensure that, 
based on the percentage of tax payments attributable to highway 
users in each State paid into the Highway Trust Fund (other 
than the Mass Transit Account) in the latest fiscal year for 
which data are available, no State's percentage return from the 
Highway Trust Fund is less than 90.5 percent.
    (b) Apportionments--In making an apportionment described in 
subsection (a) for a fiscal year, the Secretary shall ensure 
that the rate of return of each State from the Highway Trust 
Fund includes the total apportionments made for the fiscal year 
for--
            (1) the Interstate maintenance program under 
        section 119;
            (2) the National Highway System under section 103;
            (3) the bridge program under section 144;
            (4) the surface transportation program under 
        section 133;
            (5) the congestion mitigation and air quality 
        improvement program under section 149;
            (6) the highway safety improvement program under 
        section 148;
            (7) the Appalachian development highway system 
        program under section 170;
            (8) the recreational trails program under section 
        206;
            (9) the infrastructure performance and maintenance 
        program under section 139;
            (10) the metropolitan planning program under 
        section 104(f);
            (11) the equity bonus program under this section;
            (12) the high priority projects program under 
        section 1601 of the Transportation Equity Act for the 
        21st Century (112 Stat. 255);
            (13) the safe routes to school program under 
        section 150; and
            (14) the railway-highway crossings under section 
        130.

           *       *       *       *       *       *       *

Sec. 106. Project approval and oversight

    (a) In General.--
            (1) Submission of plans, specifications, and 
        estimates.--Except as otherwise provided in this 
        section, each State transportation department shall 
        submit to the Secretary for approval such plans, 
        specifications, and estimates for each proposed project 
        as the Secretary may require.
            (2) Project agreement.--The Secretary shall act on 
        the plans, specifications, and estimates as soon as 
        practicable after the date of their submission and 
        shall enter into a formal project agreement with the 
        State transportation department formalizing the 
        conditions of the project approval.
            (3) Contractual obligation.--The execution of the 
        project agreement shall be deemed a contractual 
        obligation of the Federal Government for the payment of 
        the Federal share of the cost of the project.
            (4) Guidance.--In taking action under this 
        subsection, the Secretary shall be guided by section 
        109.
    (b) Project Agreement.--
            (1) Provision of state funds.--The project 
        agreement shall make provision for State funds required 
        to pay the State's non-Federal share of the cost of 
        construction of the project and to pay for maintenance 
        of the project after completion of construction.
            (2) Representations of state.--If a part of the 
        project is to be constructed at the expense of, or in 
        cooperation with, political subdivisions of the State, 
        the Secretary may rely on representations made by the 
        State transportation department with respect to the 
        arrangements or agreements made by the State 
        transportation department and appropriate local 
        officials for ensuring that the non-Federal 
        contribution will be provided under paragraph (1).
    (c) Assumption by States of Responsibilities of the 
Secretary.--
            (1) Non-interstate nhs projects.--For projects 
        under this title that are on the National Highway 
        System but not on the Interstate System, the State may 
        assume the responsibilities of the Secretary under this 
        title for design, plans, specifications, estimates, 
        contract awards, and inspections of projects unless the 
        State or the Secretary determines that such assumption 
        is not appropriate.
            (2) Non-nhs projects.--For projects under this 
        title that are not on the National Highway System, the 
        State shall assume the responsibilities of the 
        Secretary under this title for design, plans, 
        specifications, estimates, contract awards, and 
        inspection of projects, unless the State determines 
        that such assumption is not appropriate.
            (3) Agreement.--The Secretary and the State shall 
        enter into an agreement relating to the extent to which 
        the State assumes the responsibilities of the Secretary 
        under this subsection.
            (4) Limitation on authority of secretary.--The 
        Secretary may not assume any greater responsibility 
        than the Secretary is permitted under this title on 
        September 30, 1997, except upon agreement by the 
        Secretary and the State.
    (d) Responsibilities of the Secretary.--Nothing in this 
section, section 133, or section 149 shall affect or discharge 
any responsibility or obligation of the Secretary under--
            (1) section 113 or 114; or
            (2) any Federal law other than this title 
        (including section 5333 of title 49).
    [(e) Value Engineering Analysis.--For such projects as the 
Secretary determines advisable, plans, specifications, and 
estimates for proposed projects on any Federal-aid highway 
shall be accompanied by a value engineering analysis or other 
cost reduction analysis.]
    (e) Value Engineering Analysis.--
            (1) Definition of value engineering analysis.--
                    (A) In general.--In this subsection, the 
                term `value engineering analysis' means a 
                systematic process of review and analysis of a 
                project, during the design phase, by a 
                multidisciplined team of persons not involved 
                in the project, that is conducted to provide 
                recommendations such as recommendations 
                described in subparagraph (B) for--
                            (i) reducing the total cost of the 
                        project; and
                            (ii) improving the quality of the 
                        project.
                    (B) Inclusions.--The recommendations 
                referred to in subparagraph (A) include, with 
                respect to a project--
                            (i) combining or eliminating 
                        otherwise inefficient use of expensive 
                        parts of the original proposal design 
                        for the project; and
                            (ii) completely redesigning the 
                        project using different technologies, 
                        materials, or methods so as to 
                        accomplish the original purpose of the 
                        project.
            (2) Analysis.--The State shall provide a value 
        engineering analysis or other cost-reduction analysis 
        for--
                    (A) each project on the Federal-Aid System 
                with an estimated total cost of $25,000,000 or 
                more;
                    (B) a bridge project with an estimated 
                total cost of $20,000,000 or more; and
                    (C) any other project the Secretary 
                determines to be appropriate.
            (3) Major projects.--The Secretary may require more 
        than 1 analysis described in paragraph (2) for a major 
        project described in subsection (h).
            (4) Requirements.--Analyses described in paragraph 
        (1) for a bridge project shall--
                    (A) include bridge substructure 
                requirements based on construction material; 
                and
                    (B) be evaluated--
                            (i) on engineering and economic 
                        bases, taking into consideration 
                        acceptable designs for bridges; and
                            (ii) using an analysis of life-
                        cycle costs and duration of project 
                        construction.
    (f) Life-Cycle Cost Analysis.--
            (1) Use of life-cycle cost analysis.--The Secretary 
        shall develop recommendations for the States to conduct 
        life-cycle cost analyses. The recommendations shall be 
        based on the principles contained in section 2 of 
        Executive Order No. 12893 and shall be developed in 
        consultation with the American Association of State 
        Highway and Transportation Officials. The Secretary 
        shall not require a State to conduct a life-cycle cost 
        analysis for any project as a result of the 
        recommendations required under this subsection.
            (2) Life-cycle cost analysis defined.--In this 
        subsection, the term ``life-cycle cost analysis'' means 
        a process for evaluating the total economic worth of a 
        usable project segment by analyzing initial costs and 
        discounted future costs, such as maintenance, user 
        costs, reconstruction, rehabilitation, restoring, and 
        resurfacing costs, over the life of the project 
        segment.
    [(g) Value Engineering for NHS.--
            [(1) Requirement.--The Secretary shall establish a 
        program to require States to carry out a value 
        engineering analysis for all projects on the National 
        Highway System with an estimated total cost of 
        $25,000,000 or more.
            [(2) Value engineering defined.--In this 
        subsection, the term ``value engineering analysis'' 
        means a systematic process of review and analysis of a 
        project during its design phase by a multidisciplined 
        team of persons not involved in the project in order to 
        provide suggestions for reducing the total cost of the 
        project and providing a project of equal or better 
        quality. Such suggestions may include combining or 
        eliminating otherwise inefficient or expensive parts of 
        the original proposed design for the project and total 
        redesign of the proposed project using different 
        technologies, materials, or methods so as to accomplish 
        the original purpose of the project.
    [(h) Financial Plan.--A recipient of Federal financial 
assistance for a project under this title with an estimated 
total cost of $1,000,000,000 or more shall submit to the 
Secretary an annual financial plan for the project. The plan 
shall be based on detailed annual estimates of the cost to 
complete the remaining elements of the project and on 
reasonable assumptions, as determined by the Secretary, of 
future increases in the cost to complete the project.]
    (g) Oversight Program.--
            (1) Program.--
                    (A) In general.--The Secretary shall 
                establish an oversight program to monitor the 
                effective and efficient use of funds made 
                available under this title.
                    (B) Minimum requirements.--At a minimum, 
                the program shall monitor and respond to all 
                areas relating to financial integrity and 
                project delivery.
            (2) Financial integrity.--
                    (A) Financial management systems.--
                            (i) In general.--The Secretary 
                        shall perform annual reviews of the 
                        financial management systems of State 
                        transportation departments that affect 
                        projects approved under subsection (a).
                            (ii) Review areas.--In carrying out 
                        clause (i), the Secretary shall use 
                        risk assessment procedures to identify 
                        areas to be reviewed.
                    (B) Project costs.--The Secretary shall--
                            (i) develop minimum standards for 
                        estimating project costs; and
                            (ii) periodically evaluate 
                        practices of the States for--
                                    (I) estimating project 
                                costs;
                                    (II) awarding contracts; 
                                and
                                    (III) reducing project 
                                costs.
                    (C) Responsibility of the states.--
                            (i) In general.--Each State shall 
                        be responsible for ensuring that 
                        subrecipients of Federal funds within 
                        the State under this section have--
                                    (I) sufficient accounting 
                                controls to properly manage the 
                                Federal funds; and
                                    (II) adequate project 
                                delivery systems for projects 
                                approved under this section.
                            (ii) Review by secretary.--The 
                        Secretary shall periodically review 
                        monitoring by the States of those 
                        subrecipients.
            (3) Project delivery.--The Secretary shall--
                    (A) perform annual reviews of the project 
                delivery system of each State, including 
                analysis of 1 or more activities that are 
                involved in the life cycle of a project; and
                    (B) employ risk assessment procedures to 
                identify areas to be reviewed.
            (4) Specific oversight responsibilities.--Nothing 
        in this section discharges or otherwise affects any 
        oversight responsibility of the Secretary--
                    (A) specifically provided for under this 
                title or other Federal law; or
                    (B) for the design and construction of all 
                Appalachian development highways under section 
                14501 of title 40 or section 170 of this title.
    (h) Major Projects.--
            (1) In general.--Notwithstanding any other 
        provision of this section, a recipient of Federal 
        financial assistance for a project under this title 
        with an estimated total cost of $1,000,000,000 or more, 
        and recipients for such other projects as may be 
        identified by the Secretary, shall submit to the 
        Secretary for each project--
                    (A) a project management plan; and
                    (B) an annual financial plan.
            (2) Project management plan.--A project management 
        plan shall document--
                    (A) the procedures and processes that are 
                in effect to provide timely information to the 
                project decisionmakers to effectively manage 
                the scope, costs, schedules, and quality of, 
                and the Federal requirements applicable to, the 
                project; and
                    (B) the role of the agency leadership and 
                management team in the delivery of the project.
            (3) Financial plan.--A financial plan shall--
                    (A) be based on detailed estimates of the 
                cost to complete the project; and
                    (B) provide for the annual submission of 
                updates to the Secretary that are based on 
                reasonable assumptions, as determined by the 
                Secretary, of future increases in the cost to 
                complete the project.
    (i) Other Projects.--A recipient of Federal financial 
assistance for a project under this title that receives 
$100,000,000 or more in Federal assistance for the project, and 
that is not covered by subsection (h), shall prepare, and make 
available to the Secretary at the request of the Secretary, an 
annual financial plan for the project.

           *       *       *       *       *       *       *

Sec. 108. Advance acquisition of real property

    (a) * * *

           *       *       *       *       *       *       *

    (d) Critical Real Property Acquisition.--
            (1) In general.--Subject to paragraph (2), funds 
        apportioned to a State under this title may be used to 
        pay the costs of acquiring any real property that is 
        determined to be critical under paragraph (2) for a 
        project proposed for funding under this title.
            (2) Reimbursement.--The Federal share of the costs 
        referred to in paragraph (1) shall be eligible for 
        reimbursement out of funds apportioned to a State under 
        this title if, before the date of acquisition, the 
        Secretary determines that--
                    (A) the property is offered for sale on the 
                open market;
                    (B) in acquiring the property, the State 
                will comply with the Uniform Relocation 
                Assistance and Real Property Acquisition 
                Policies Act of 1970 (42 U.S.C. 4601 et seq.); 
                and
                    (C) immediate acquisition of the property 
                is critical because--
                            (i) based on an appraisal of the 
                        property, the value of the property is 
                        increasing significantly;
                            (ii) there is an imminent threat of 
                        development or redevelopment of the 
                        property; and
                            (iii) the property is necessary for 
                        the implementation of the goals stated 
                        in the proposal for the project.
            (3) Applicable law.--An acquisition of real 
        property under this section shall be considered to be 
        an exempt project under section 176 of the Clean Air 
        Act (42 U.S.C. 7506).
            (4) Environmental review.--
                    (A) In general.--A project proposed to be 
                conducted under this title shall not be 
                conducted on property acquired under paragraph 
                (1) until any required environmental reviews 
                for the project have been completed.
                    (B) Effect on consideration of project 
                alternatives.--The number of critical 
                acquisitions of real property associated with a 
                project shall not affect the consideration of 
                project alternatives during the environmental 
                review process.
            (5) Proceeds from the sale or lease of real 
        property.--Section 156(c) shall not apply to the sale, 
        use, or lease of any real property acquired under 
        paragraph (1).

Sec. 109. Standards

    (a) In General.--The Secretary shall ensure that the plans 
and specifications for each proposed highway project under this 
chapter provide for a facility that will--
            (1) adequately serve the existing and planned 
        future traffic of the highway in a manner that is 
        conducive to safety, durability, and economy of 
        maintenance; [and]
            (2) be designed and constructed in accordance with 
        criteria best suited to accomplish the objectives 
        described in paragraph (1) and to conform to the 
        particular needs of each locality[.] ; and
            (3) consider the preservation, historic, scenic, 
        natural environmental, and community values.
    (b) The geometric and construction standards to be adopted 
for the Interstate System shall be those approved by the 
Secretary in cooperation with the State transportation 
departments. Such standards, as applied to each actual 
construction project, shall be adequate to enable such project 
to accommodate the types and volumes of traffic anticipated for 
such project for the twenty-year period commencing on the date 
of approval by the Secretary, under section 106 of this title, 
of the plans, specifications, and estimates for actual 
construction of such project. Such standards shall in all cases 
provide for at least four lanes of traffic. The right-of-way 
width of the Interstate System shall be adequate to permit 
construction of projects on the Interstate System to such 
standards. The Secretary shall apply such standards uniformly 
throughout all the States.
    (c) Design Criteria for National Highway System.--
            (1) In general.--A design for new construction, 
        reconstruction, resurfacing (except for maintenance 
        resurfacing), restoration, or rehabilitation of a 
        highway on the National Highway System (other than a 
        highway also on the Interstate System) may take into 
        account, in addition to the criteria described in 
        subsection (a)--
                    (A) the constructed and natural environment 
                of the area;
                    (B) the environmental, scenic, aesthetic, 
                historic, community, and preservation impacts 
                of the activity; and
                    (C) access for other modes of 
                transportation.
            (2) Development of criteria.--The Secretary, in 
        cooperation with State transportation departments, may 
        develop criteria to implement paragraph (1). In 
        developing criteria under this paragraph, the Secretary 
        shall [consider the results] consider--
                    (A) the results of the committee process of 
                the American Association of State Highway and 
                Transportation Officials as used in adopting 
                and publishing ``A Policy on Geometric Design 
                of Highways and Streets'', including comments 
                submitted by interested parties as part of such 
                process.
                    (B) the publication entitled ``Flexibility 
                in Highway Design'' of the Federal Highway 
                Administration;
                    (C) ``Eight Characteristics of Process to 
                Yield Excellence and the Seven Qualities of 
                Excellence in Transportation Design'' developed 
                by the conference held during 1998 entitled 
                ``Thinking Beyond the Pavement National 
                Workshop on Integrating Highway Development 
                with Communities and the Environment while 
                Maintaining Safety and Performance''; and
                    (D) any other material that the Secretary 
                determines to be appropriate.

           *       *       *       *       *       *       *

    (g) [The Secretary shall issue within 30 days after the day 
of enactment of the Federal-Aid Highway Act of 1970] Not later 
than January 30, 1971, the Secretary shall issue guidelines for 
minimizing possible soil erosion from highway construction. 
Such guidelines shall apply to all proposed projects with 
respect to which plans, specifications, and estimates are 
approved by the Secretary after the issuance of such 
guidelines.

           *       *       *       *       *       *       *

    [(p) Scenic and Historic Values.--Notwithstanding 
subsections (b) and (c), the Secretary may approve a project 
for the National Highway System if the project is designed to--
            [(1) allow for the preservation of environmental, 
        scenic, or historic values;
            [(2) ensure safe use of the facility; and
            [(3) comply with subsection (a).]
    (p) Context Sensitive Design.--
            (1) In general.--The Secretary shall encourage 
        States to design projects funded under this title 
        that--
                    (A) allow for the preservation of 
                environmental, scenic, or historic values;
                    (B) ensure the safe use of the facility;
                    (C) provide for consideration of the 
                context of the locality;
                    (D) encourage access for other modes of 
                transportation; and
                    (E) comply with subsection (a).
            (2) Approval by secretary.--Notwithstanding 
        subsections (b) and (c), the Secretary may approve a 
        project described in paragraph (1) for the National 
        Highway System if the project is designed to achieve 
        the criteria specified in that paragraph.

           *       *       *       *       *       *       *

Sec. 110. Revenue aligned budget authority

    (a) In General.--
            (1) Allocation.--On October 15 of fiscal year 
        [2000] 2006 and each fiscal year thereafter, the 
        Secretary shall allocate for such fiscal year an amount 
        of funds equal to the amount determined pursuant to 
        section 251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget 
        and Emergency Deficit Control Act of 1985 (2 U.S.C 
        901(b)(2)(B)(ii)(I)(cc)) if the amount determined 
        pursuant to such section for such fiscal year is 
        greater than zero.
            (2) Reduction.--If the amount determined pursuant 
        to section 251(b)(1)(B)(ii)(I)(cc) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C 901(b)(2)(B)(ii)(I)(cc)) for fiscal year [2000] 
        2006 or any fiscal year thereafter is less than zero, 
        the Secretary on October 1 of [the succeeding] that 
        fiscal year shall reduce proportionately the amount of 
        sums authorized to be appropriated from the Highway 
        Trust Fund (other than the Mass Transit Account) to 
        carry out each of the Federal-aid highway and highway 
        safety construction programs (other than emergency 
        relief) and [the motor carrier safety grant program] by 
        an aggregate amount equal to the amount determined 
        pursuant to such section.
    (b) General Distribution.--The Secretary shall--
            (1) determine the ratio that--
                    [(A) the sums authorized to be appropriated 
                from the Highway Trust Fund (other than the 
                Mass Transit Account) for each of the for 
                Federal-aid highway and highway safety 
                construction programs (other than the minimum 
                guarantee program) and the motor carrier safety 
                grant program for which funds are allocated 
                from such Trust Fund by the Secretary under 
                this title, the Transportation Equity Act for 
                the 21st Century, and subchapter I of chapter 
                311 of title 49 for a fiscal year, bears to]
                    (A) the sums authorized to be appropriated 
                from the Highway Trust Fund (other than the 
                Mass Transit Account) for each of the Federal-
                aid highway and highway safety construction 
                programs (other than the equity bonus program) 
                and for which funds are allocated from the 
                Highway Trust Fund by the Secretary under this 
                title and the Safe, Accountable, Flexible, and 
                Efficient Transportation Equity Act of 2003; 
                bears to
                    (B) the total of all sums authorized to be 
                appropriated from such Trust Fund for such 
                programs for such fiscal year;
            (2) multiply the ratio determined under paragraph 
        (1) by the total amount of funds to be allocated under 
        subsection (a)(1) for such fiscal year;
            (3) allocate the amount determined under paragraph 
        (2) among such programs in the ratio that--
                    (A) the sums authorized to be appropriated 
                from such Trust Fund for each of such programs 
                for such fiscal year, bears to
                    (B) the sums authorized to be appropriated 
                from such Trust Fund for all such programs for 
                such fiscal year; and
            (4) allocate the remainder of the funds to be 
        allocated under subsection (a)(1) for such fiscal year 
        to the States in the ratio that--
                    (A) the total of all funds authorized to be 
                appropriated from such Trust Fund for Federal-
                aid highway and highway safety construction 
                programs that are apportioned to each State for 
                such fiscal year but for this section, bears to
                    (B) the total of all funds authorized to be 
                appropriated from such Trust Fund for such 
                programs that are apportioned to all States for 
                such fiscal year but for this section.
    (c) State Programmatic Distribution.--Of the funds to be 
apportioned to each State under subsection (b)(4) for a fiscal 
year, the Secretary shall ensure that such funds are 
apportioned for the Interstate and National Highway System 
program, the bridge program, the surface transportation 
program, the highway safety improvement program and the 
congestion mitigation air quality improvement program in the 
same ratio that each State is apportioned funds for such 
programs for such fiscal year but for this section.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated from the Highway Trust Fund (other than the 
Mass Transit Account) such sums as may be necessary to carry 
out this section for fiscal years beginning after September 30, 
1998.
    [(e) After making any calculation necessary to implement 
this section for fiscal year 2001, the amount available under 
paragraph (a)(1) shall be increased by $128,752,000. The 
amounts added under this subsection shall not apply to any 
calculation in any other fiscal year.
    [(f) For fiscal year 2001, prior to making any distribution 
under this section, $22,029,000 of the allocation under 
paragraph (a)(1) shall be available only for each program 
authorized under chapter 53 of title 49, United States Code, 
and title III of Public Law 105-178, in proportion to each such 
program's share of the total authorization in section 5338 
(other than 5338(h)) of such title and sections 3037 and 3038 
of such Public Law, under the terms and conditions of chapter 
53 of such title.
    [(g) For fiscal year 2001, prior to making any distribution 
under this section, $399,000 of the allocation under paragraph 
(a)(1) shall be available only for motor carrier safety 
programs under sections 31104 and 31107 of title 49, United 
States Code; $274,000 for NHTSA operations and research under 
section 403 of title 23, United States Code; and $787,000 for 
NHTSA highway traffic safety grants under chapter 4 of title 
23, United States Code.]

           *       *       *       *       *       *       *

Sec. 111. Agreements relating to use of and access to rights-of-way--
                    Interstate System

    (a) In General.--* * *

           *       *       *       *       *       *       *

    (d) Idling Reduction Facilities in Interstate Rights-of-
Way.--
            (1) In general.--Notwithstanding subsection (a), a 
        State may--
                    (A) permit electrification or other idling 
                reduction facilities and equipment, for use by 
                motor vehicles used for commercial purposes, to 
                be placed in rest and recreation areas, and in 
                safety rest areas, constructed or located on 
                rights-of-way of the Interstate System in the 
                State; and
                    (B) may charge, or permit charges, for the 
                use of those facilities.
            (2) Purpose.--The exclusive purpose of the 
        facilities described in paragraph (1) (or similar 
        technologies) shall be to enable operators of motor 
        vehicles used for commercial purposes--
                    (A) to turn off their engines while parked; 
                and
                    (B) to have heating, air conditioning, 
                electricity, and communication services in the 
                vehicle without use of the engine.

           *       *       *       *       *       *       *

Sec. 112. Letting of contracts

    (a) In all cases where the construction is to be performed 
by the State transportation department or under its 
supervision, a request for submission of bids shall be made by 
advertisement unless some other method is approved by the 
Secretary. The Secretary shall require such plans and 
specifications and such methods of bidding as shall be 
effective in securing competition.
    (b) Bidding Requirements.--
            (1) In general.--Subject to paragraphs (2) and (3), 
        construction of each project, subject to the provisions 
        of subsection (a) of this section, shall be performed 
        by contract awarded by competitive bidding, unless the 
        State transportation department demonstrates, to the 
        satisfaction of the Secretary, that some other method 
        is more cost effective or that an emergency exists. 
        Contracts for the construction of each project shall be 
        awarded only on the basis of the lowest responsive bid 
        submitted by a bidder meeting established criteria of 
        responsibility. No requirement or obligation shall be 
        imposed as a condition precedent to the award of a 
        contract to such bidder for a project, or to the 
        Secretary's concurrence in the award of a contract to 
        such bidder, unless such requirement or obligation is 
        otherwise lawful and is specifically set forth in the 
        advertised specifications.
            (2) Contracting for engineering and design 
        services.--
                    (A) General rule.--Subject to paragraph 
                (3), each contract for program management, 
                construction management, feasibility studies, 
                preliminary engineering, design, engineering, 
                surveying, mapping, or architectural related 
                services with respect to a project subject to 
                the provisions of subsection (a) of this 
                section shall be awarded in the same manner as 
                a contract for architectural and engineering 
                services is negotiated under chapter 11 of 
                title 40 or equivalent State qualifications-
                based requirements.
                    (B) Applicability.--
                            (i) In a complying state.--If, on 
                        the date of the enactment of this 
                        paragraph, the services described in 
                        subparagraph (A) may be awarded in a 
                        State in the manner described in 
                        subparagraph (A), subparagraph (A) 
                        shall apply in such State beginning on 
                        such date of enactment.
                            (ii) In a noncomplying state.--In 
                        the case of any other State, 
                        subparagraph (A) shall apply in such 
                        State beginning on the earlier of (I) 
                        August 1, 1989, or (II) the 10th day 
                        following the close of the 1st regular 
                        session of the legislature of a State 
                        which begins after the date of the 
                        enactment of this paragraph.
                    (C) Performance and audits.--Any contract 
                or subcontract awarded in accordance with 
                subparagraph (A), whether funded in whole or in 
                part with Federal-aid highway funds, shall be 
                performed and audited in compliance with cost 
                principles contained in the Federal Acquisition 
                Regulations of part 31 of title 48, Code of 
                Federal Regulations.
                    (D) Indirect cost rates.--Instead of 
                performing its own audits, a recipient of funds 
                under a contract or subcontract awarded in 
                accordance with subparagraph (A) shall accept 
                indirect cost rates established in accordance 
                with the Federal Acquisition Regulations for 1-
                year applicable accounting periods by a 
                cognizant Federal or State government agency, 
                if such rates are not currently under dispute.
                    (E) Application of rates.--Once a firm's 
                indirect cost rates are accepted under this 
                paragraph, the recipient of the funds shall 
                apply such rates for the purposes of contract 
                estimation, negotiation, administration, 
                reporting, and contract payment and shall not 
                be limited by administrative or de facto 
                ceilings of any kind.
                    (F) Prenotification; confidentiality of 
                data.--A recipient of funds requesting or using 
                the cost and rate data described in 
                subparagraph (E) shall notify any affected firm 
                before such request or use. Such data shall be 
                confidential and shall not be accessible or 
                provided, in whole or in part, to another firm 
                or to any government agency which is not part 
                of the group of agencies sharing cost data 
                under this paragraph, except by written 
                permission of the audited firm. If prohibited 
                by law, such cost and rate data shall not be 
                disclosed under any circumstances.
                    (G) State option.--Subparagraphs (C), (D), 
                (E), and (F) shall take effect 1 year after the 
                date of the enactment of this subparagraph; 
                except that if a State, during such 1-year 
                period, adopts by statute an alternative 
                process intended to promote engineering and 
                design quality and ensure maximum competition 
                by professional companies of all sizes 
                providing engineering and design services, such 
                subparagraphs shall not apply with respect to 
                the State. If the Secretary determines that the 
                legislature of the State did not convene and 
                adjourn a full regular session during such 1-
                year period, the Secretary may extend such 1-
                year period until the adjournment of the next 
                regular session of the legislature.
            (3) Design-build contracting.--
                    (A) In general.--A State transportation 
                department or local transportation agency may 
                award a design-build contract for a qualified 
                project described in subparagraph (C) using any 
                procurement process permitted by applicable 
                State and local law.
                    (B) Limitation on final design.--Final 
                design under a design-build contract referred 
                to in subparagraph (A) shall not commence 
                before compliance with section 102 of the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4332).
                    [(C) Qualified projects.--A qualified 
                project referred to in subparagraph (A) is a 
                project under this chapter for which--
                            [(i) the Secretary has approved the 
                        use of design-build contracting 
                        described in subparagraph (A) under 
                        criteria specified in regulations 
                        issued by the Secretary; and
                            [(ii) the total costs are estimated 
                        to exceed--
                                    [(I) in the case of a 
                                project that involves 
                                installation of an intelligent 
                                transportation system, 
                                $5,000,000; and
                                    [(II) in the case of any 
                                other project, $50,000,000.]
                    (C) Qualified projects.--A qualified 
                project referred to in subparagraph (A) is a 
                project under this chapter (including 
                intermodal facilities) for which the Secretary 
                has approved the use of design-build 
                contracting under criteria specified in 
                regulations promulgated by the Secretary.
                    (D) Design-build contract defined.--In this 
                paragraph, the term ``design-build contract'' 
                means an agreement that provides for design and 
                construction of a project by a contractor, 
                regardless of whether the agreement is in the 
                form of a design-build contract, a franchise 
                agreement, or any other form of contract 
                approved by the Secretary.
    (c) The Secretary shall require as a condition precedent to 
his approval of each contract awarded by competitive bidding 
pursuant to subsection (b) of this section, and subject to the 
provisions of this section, a sworn statement, executed by, or 
on behalf of, the person, firm, association, or corporation to 
whom such contract is to be awarded, certifying that such 
person, firm, association, or corporation has not, either 
directly or indirectly, entered into any agreement, 
participated in any collusion, or otherwise taken any action in 
restraint of free competitive bidding in connection with such 
contract.
    (d) No contract awarded by competitive bidding pursuant to 
subsection (b) of this section, and subject to the provisions 
of this section, shall be entered into by any State 
transportation department or local subdivision of the State 
without compliance with the provisions of this section, and 
without the prior concurrence of the Secretary in the award 
thereof.
    (e) Standardized Contract Clause Concerning Site 
Conditions.--
            (1) General rule.--The Secretary shall issue 
        regulations establishing and requiring, for inclusion 
        in each contract entered into with respect to any 
        project approved under section 106 of this title a 
        contract clause, developed in accordance with 
        guidelines established by the Secretary, which 
        equitably addresses each of the following:
                    (A) Site conditions.
                    (B) Suspensions of work ordered by the 
                State (other than a suspension of work caused 
                by the fault of the contractor or by weather).
                    (C) Material changes in the scope of work 
                specified in the contract.
        The guidelines established by the Secretary shall not 
        require arbitration.
            (2) Limitation on applicability.--
                    (A) State law.--Paragraph (1) shall apply 
                in a State except to the extent that such State 
                adopts or has adopted by statute a formal 
                procedure for the development of a contract 
                clause described in paragraph (1) or adopts or 
                has adopted a statute which does not permit 
                inclusion of such a contract clause.
                    (B) Design-build contracts.--Paragraph (1) 
                shall not apply to any design-build contract 
                approved under subsection (b)(3).
    [(f) The provisions of this section shall not be applicable 
to contracts for projects on the Federal-aid secondary system 
in those States where the Secretary has discharged his 
responsibility pursuant to section 117 of this title, except 
where employees of a political subdivision of a State are 
working on a project outside of such political subdivision.]
    [(g)] (f) Selection Process.--A State may procure, under a 
single contract, the services of a consultant to prepare any 
environmental impact assessments or analyses required for a 
project, including environmental impact statements, as well as 
subsequent engineering and design work on the project if the 
State conducts a review that assesses the objectivity of the 
environmental assessment, environmental analysis, or 
environmental impact statement prior to its submission to the 
Secretary.

           *       *       *       *       *       *       *

Sec. 114. Construction

    (a) Construction Work In General.--The construction of any 
[highways or portions of highways located on a Federal-aid 
system] Federal-aid highway or a portion of a Federal-aid 
highway shall be undertaken by the respective State 
transportation departments or under their direct supervision. 
[Except as provided in section 117 of this title, such 
construction shall be subject to the inspection and approval of 
the Secretary. The construction work and labor in each State 
shall be performed under the direct supervision of the State 
transportation department and in accordance with the laws of 
that State and applicable Federal laws. Construction may be 
begun as soon as funds are available for expenditure pursuant 
to subsection (a) of section 118 of this title.] The Secretary 
shall have the right to conduct such inspections and take such 
corrective action as the Secretary determines to be 
appropriate. After July 1, 1973, the State transportation 
department shall not erect on any project where actual 
construction is in progress and visible to highway users any 
informational signs other than official traffic control devices 
conforming with standards developed by the Secretary of 
Transportation.

           *       *       *       *       *       *       *

Sec. 115. Advance construction

    [(a) Congestion Mitigation and Air Quality Improvement, 
Surface Transportation, Bridge, Planning, and Research 
Projects.--
            [(1) General rule.--Subject to paragraph (2), when 
        a State--
                    [(A)(i) has obligated all funds apportioned 
                or allocated to it under section 104(b)(2), 
                104(b)(3), 104(f), 144, or 505 of this title, 
                or
                    [(ii) has used or demonstrates that it will 
                use all obligation authority allocated to it 
                for Federal-aid highways and highway safety 
                construction, and
                    [(B) proceeds with a project funded under 
                such an apportionment or allocation without the 
                aid of Federal funds in accordance with all 
                procedures and all requirements applicable to 
                such a project, except insofar as such 
                procedures and requirements limit the State to 
                implementation of projects with the aid of 
                Federal funds previously apportioned or 
                allocated to it or limit a State to 
                implementation of a project with obligation 
                authority previously allocated to it for 
                Federal-aid highways and highway safety 
                construction,
        [the Secretary, upon approval of an application of the 
        State, is authorized to pay to the State the Federal 
        share of the cost of the project when additional funds 
        are apportioned or allocated to the State under such 
        section or when additional obligation authority is 
        allocated to it.]
    (a) In General.--The Secretary may authorize a State to 
proceed with a project authorized under this title--
            (1) without the use of Federal funds; and
            (2) in accordance with all procedures and 
        requirements applicable to the project other than those 
        procedures and requirements that limit the State to 
        implementation of a project--
                    (A) with the aid of Federal funds 
                previously apportioned or allocated to the 
                State; or
                    (B) with obligation authority previously 
                allocated to the State.
    (b) Obligation of Federal Share.--The Secretary, on the 
request of a State and execution of a project agreement, may 
obligate all or a portion of the Federal share of the project 
authorized under this section from any category of funds for 
which the project is eligible.
            [(2)]
    (c) Plans, specifications, and applicable standards.--The 
Secretary may only make payments to a State with respect to a 
project if--
                    [(A)]
          (1) prior to commencement of the project the 
        Secretary approves the project in the same manner as 
        the Secretary approves other projects, and
                    [(B)]
            (2) the project conforms to the applicable 
        standards under this title.
    [(b) Interstate and National Highway System Projects.-- 
When a State proceeds to construct any project on the National 
Highway System or the Interstate System without the aid of 
Federal funds in accordance with all procedures and all 
requirements applicable to such a project, except insofar as 
such procedures and requirements limit the State to the 
construction of projects with the aid of Federal funds 
previously apportioned to it, the Secretary, upon approval of 
application of the State, is authorized to pay to the State the 
Federal share of the cost of construction of the project when 
additional funds are apportioned to the State under section 
104(b)(1) or 104(b)(4), as the case may be, if--
            [(1) prior to the construction of the project the 
        Secretary approves the plans and specifications 
        therefor in the same manner as other projects, and
            [(2) the project conforms to the applicable 
        standards under section 109 of this title.]
    [(c)] (d) Inclusion in Transportation Improvement 
Program.--The Secretary may approve an application for a 
project under this section only if the project is included in 
the transportation improvement program of the State developed 
under section 135(f).

           *       *       *       *       *       *       *

Sec. 117. High priority projects program

    (a) Authorization of High Priority Projects.--The Secretary 
is authorized to carry out high priority projects with funds 
made available to carry out the high priority projects program 
under this section. Of amounts made available to carry out this 
section, the Secretary, subject to subsection (b), shall make 
available to carry out each project described in section 1602 
of the Transportation Equity Act for the 21st Century the 
amount listed for such project in such section. Any amounts 
made available to carry out such program that are not allocated 
for projects described in such section shall be available to 
the Secretary, subject to subsection (b), to carry out such 
other high priority projects as the Secretary determines 
appropriate.
    (b) Allocation Percentages.--For each project to be carried 
out with funds made available to carry out the high priority 
projects program under this section--
            (1) 11 percent of such amount shall be available 
        for obligation beginning in fiscal year 1998;
            (2) 15 percent of such amount shall be available 
        for obligation beginning in fiscal year 1999;
            (3) 18 percent of such amount shall be available 
        for obligation beginning in fiscal year 2000;
            (4) 18 percent of such amount shall be available 
        for obligation beginning in fiscal year 2001;
            (5) 19 percent of such amount shall be available 
        for obligation beginning in fiscal year 2002; and
            (6) 19 percent of such amount shall be available 
        for obligation beginning in fiscal year 2003.
    (c) Federal Share.--The Federal share payable on account of 
any project carried out with funds made available to carry out 
this section shall be 80 percent of the total cost thereof; 
except that the Federal share on account of the project to be 
carried out under item 1419 of the table contained in section 
1602 of the Transportation Equity Act for the 21st Century (112 
Stat. 309), relating to reconstruction of a road and causeway 
in Shiloh Military Park in Hardin County, Tennessee, shall be 
100 percent of the total cost thereof.
    [(d) Delegation to States.--Subject to the provisions of 
this title, the Secretary shall delegate responsibility for 
carrying out a project or projects, with funds made available 
to carry out this section, to the State in which such project 
or projects are located upon request of such State.]
    [(e)] (d) Advance Construction.--When a State which has 
been delegated responsibility for a project under this 
section--
            (1) has obligated all funds allocated under this 
        section and section 1602 of the Transportation Equity 
        Act for the 21st Century for such project; and
            (2) proceeds to construct such project without the 
        aid of Federal funds in accordance with all procedures 
        and all requirements applicable to such project, except 
        insofar as such procedures and requirements limit the 
        State to the construction of projects with the aid of 
        Federal funds previously allocated to it;
the Secretary, upon the approval of the application of a State, 
shall pay to the State the Federal share of the cost of 
construction of the project when additional funds are allocated 
for such project under this section and section 1602 of the 
Transportation Equity Act for the 21st Century.
    [(f)] (e) Period of Availability.--Funds made available to 
carry out this section shall remain available until expended.
    [(g)] (f) Availability of Obligation Limitation.--
Obligation authority attributable to funds made available to 
carry out this section shall only be available for the purposes 
of this section and shall remain available until obligated 
pursuant to section 1102(g) of the Transportation Equity Act 
for the 21st Century.
    [(h)] (g) Treatment.--Funds allocated to a State in 
accordance with this section shall be treated as amounts in 
addition to the amounts a State is apportioned under sections 
104, 105, and 144 for programmatic purposes.

           *       *       *       *       *       *       *

Sec. 118. Availability of funds

    (a) Date Available for Obligation.--Except as otherwise 
specifically provided, authorizations from the Highway Trust 
Fund (other than the Mass Transit Account) to carry out this 
title shall be available for obligation on the date of their 
apportionment or allocation or on October 1 of the fiscal year 
for which they are authorized, whichever occurs first.
    (b) Period of Availability.--
            (1) Interstate construction funds.--Funds 
        apportioned or allocated for Interstate construction in 
        a State (other than Massachusetts) shall remain 
        available for obligation in that State until the last 
        day of the fiscal year in which they are apportioned or 
        allocated. Sums not obligated by the last day of the 
        fiscal year in which they are apportioned or allocated 
        shall be allocated to other States, except 
        Massachusetts, at the discretion of the Secretary. All 
        sums apportioned or allocated on or after October 1, 
        1994, shall remain available in the State until 
        expended. All sums apportioned or allocated to 
        Massachusetts on or after October 1, 1989, shall remain 
        available until expended.
            (2) Other funds.--Except as otherwise specifically 
        provided, funds apportioned or allocated pursuant to 
        this title (other than for Interstate construction) in 
        a State shall remain available for obligation in that 
        State for a period of 3 years after the last day of the 
        fiscal year for which the funds are authorized. Any 
        amounts so apportioned or allocated that remain 
        unobligated at the end of that period shall lapse.
    (c) Set-Asides for Interstate Discretionary Projects.--
            (1) In general.--Before any apportionment is made 
        under section 104(b)(4), the Secretary shall set aside 
        [$50,000,000 in fiscal year 1998 and $100,000,000 in 
        each of fiscal years 1999 through 2003] $100,000,000 
        for each of fiscal years 2004 through 2009 for 
        obligation by the Secretary for projects for 
        resurfacing, restoring, rehabilitating, and 
        reconstructing any route or portion thereof on the 
        Interstate System (other than any highway designated as 
        a part of the Interstate System under section 139 (as 
        in effect on the day before the date of enactment of 
        the [Transportation Equity Act for the 21st Century)] 
        Safe, Accountable, Flexible, and Efficient 
        Transportation Equity Act of 2003) and any toll road on 
        the Interstate System not subject to an agreement under 
        section 119(e) (as in effect on December 17, 1991).
            (2) Selection criteria.--The amounts set aside 
        under paragraph (1) shall be made available by the 
        Secretary to any State applying for such funds if the 
        Secretary determines that--
                    (A) the State has obligated or demonstrates 
                that it will obligate in the fiscal year all of 
                its apportionments under section 104(b)(4) 
                other than an amount that, by itself, is 
                insufficient to pay the Federal share of the 
                cost of a project for resurfacing, restoring, 
                rehabilitating, and reconstructing the 
                Interstate System that has been submitted by 
                the State to the Secretary for approval; and
                    (B) the applicant is willing and able to--
                            (i) obligate the funds within 1 
                        year of the date the funds are made 
                        available;
                            (ii) apply the funds to a ready-to-
                        commence project; and
                            (iii) in the case of construction 
                        work, begin work within 90 days after 
                        obligation.
            (3) Priority consideration for certain projects.--
        In selecting projects to fund under paragraph (1), the 
        Secretary shall give priority consideration to any 
        project the cost of which exceeds $10,000,000 on any 
        high volume route in an urban area or a high truck-
        volume route in a rural area.
            (4) Period of availability of discretionary 
        funds.--Sums made available pursuant to this subsection 
        shall remain available until expended.
    [(d) Effect of Release of Funds.--Any Federal-aid highway 
funds released by the final payment on a project, or by the 
modification of the project agreement, shall be credited to the 
same program funding category previously apportioned to the 
State and shall be immediately available for expenditure.]
    (d) Obligation and Release of Funds.--
            (1) In general.--Funds apportioned or allocated to 
        a State for a particular purpose for any fiscal year 
        shall be considered to be obligated if a sum equal to 
        the total of the funds apportioned or allocated to the 
        State for that purpose for that fiscal year and 
        previous fiscal years is obligated.
            (2) Released funds.--Any funds released by the 
        final payment for a project, or by modifying the 
        project agreement for a project, shall be--
                    (A) credited to the same class of funds 
                previously apportioned or allocated to the 
                State; and
                    (B) immediately available for obligation.
            (3) Net obligations.--Notwithstanding any other 
        provision of law (including a regulation), obligations 
        recorded against funds made available under this 
        section shall be recorded and reported as net 
        obligations.
    (e) Funds made available to the State of Alaska and the 
Commonwealth of Puerto Rico under this title may be expended 
for construction of access and development roads that will 
serve resource development, recreational, residential, 
commercial, industrial, or other like purposes.

           *       *       *       *       *       *       *

Sec. 120. Federal share payable

    (a) Interstate System Projects.-- * * *

           *       *       *       *       *       *       *

    [(d) The Secretary may rely on a statement from the 
Secretary of the Interior as to the area of the lands referred 
to in subsections (a) and (b) of this section. The Secretary of 
the Interior is authorized and directed to provide such 
statement annually.]
    (d) Increased Federal Share.--
            (1) In general.--The Federal share payable under 
        subsection (a) or (b) may be increased for projects and 
        activities in each State in which is located--
                    (A) nontaxable Indian land;
                    (B) public land (reserved or unreserved);
                    (C) a national forest; or
                    (D) a national park and monument.
            (2) Amount.--
                    (A) In general.--The Federal share for 
                States described in paragraph (1) shall be 
                increased by a percentage of the remaining cost 
                that--
                            (i) is equal to the percentage 
                        that--
                                    (I) the area of all land 
                                described in paragraph (1) in a 
                                State; bears to
                                    (II) the total area of the 
                                State; but
                            (ii) does not exceed 95 percent of 
                        the total cost of the project or 
                        activity for which the Federal share is 
                        provided.
                    (B) Adjustment.--The Secretary shall adjust 
                the Federal share for States under subparagraph 
                (A) as the Secretary determines necessary, on 
                the basis of data provided by the Federal 
                agencies that are responsible for maintaining 
                the data.
                    (C) Decreased federal share.--Unless the 
                State voluntarily agrees to a decreased Federal 
                share, the Secretary shall provide the maximum 
                Federal share allowable under subsections (a) 
                and (b), as adjusted by this subsection.
    (e) Emergency Relief.--The Federal share payable on account 
of any repair or reconstruction provided for by funds made 
available under section 125 of this title on account of any 
project on a Federal-aid highway, including the Interstate 
System, shall not exceed the Federal share payable on a project 
on such system as provided in subsections (a) and (b) of this 
section; except that (1) the Federal share payable for eligible 
emergency repairs to minimize damage, protect facilities, or 
restore essential traffic accomplished within 180 days after 
the actual occurrence of the natural disaster or catastrophic 
failure may amount to 100 percent of the costs thereof; and (2) 
the Federal share payable on account of any repair or 
reconstruction of forest highways, [forest development roads] 
National Forest System roads and trails, park roads and trails, 
parkways, [public lands highways,] public lands highways, 
recreation roads public lands development roads and trails, and 
Indian reservation roads may amount to 100 percent of the cost 
thereof. The total cost of a project may not exceed the cost of 
repair or reconstruction of a comparable facility. As used in 
this section with respect to bridges and in section 144 of this 
title, ``a comparable facility'' shall mean a facility which 
meets the current geometric and construction standards required 
for the types and volume of traffic which such facility will 
carry over its design life.

           *       *       *       *       *       *       *

    (k) Use of Federal Land Management Agency Funds.--
Notwithstanding any other provision of law, the funds 
appropriated to any Federal land management agency may be used 
to pay the non-Federal share of the cost of any [Federal-aid 
highway] project the Federal share of which is funded under 
[section 104] this title or chapter 53 of title 49.
    (l) Use of Federal Lands Highways Program Funds.--
Notwithstanding any other provision of law, the funds 
authorized to be appropriated to carry out the Federal lands 
highways program under section 204 may be used to pay the non-
Federal share of the cost of any project that is funded under 
[section 104] this title or chapter 53 of title 49 and that 
provides access to or within Federal or Indian lands.
    (m) Increased Federal Share for Connectors.--In the case of 
a project to support a National Highway System intermodal 
freight connection or strategic highway network connector to a 
strategic military deployment port described in section 
103(b)(7), the Federal share of the total cost of the project 
shall be 90 percent.

           *       *       *       *       *       *       *

Sec. 125. Emergency relief

    (a) General Eligibility.--Subject to this section and 
section 120, an emergency fund is authorized for expenditure by 
the Secretary for the repair or reconstruction of highways, 
roads, and trails, in any part of the United States, including 
Indian reservations, that the Secretary finds have suffered 
serious damage as a result of--
            (1) natural disaster over a wide area, such as by a 
        flood, hurricane, tidal wave, earthquake, severe storm, 
        or landslide; or
            (2) catastrophic failure from any external cause.
    (b) Restriction on Eligibility.--In no event shall funds be 
used pursuant to this section for the repair or reconstruction 
of bridges that have been permanently closed to all vehicular 
traffic by the State or responsible local official because of 
imminent danger of collapse due to a structural deficiency or 
physical deterioration.
    (c) Funding.--Subject to the following limitations, there 
are authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) such sums as may be 
necessary to establish the fund authorized by this section and 
to replenish it on an annual basis:
            (1) Not more than [$100,000,000] $300,000,000 is 
        authorized to be obligated in any 1 fiscal year 
        commencing after September 30, 1980, to carry out the 
        provisions of this section; except that, if in any 
        fiscal year the total of all obligations under this 
        section is less than the amount authorized to be 
        obligated in such fiscal year, the unobligated balance 
        of such amount shall remain available until expended 
        and shall be in addition to amounts otherwise available 
        to carry out this section each year.
            (2) Pending such appropriation or replenishment, 
        the Secretary may obligate from any funds heretofore or 
        hereafter appropriated for obligation in accordance 
        with this title, including existing Federal-aid 
        appropriations, such sums as may be necessary for the 
        immediate prosecution of the work herein authorized. 
        Funds obligated under this paragraph shall be 
        reimbursed from such appropriation or replenishment.
    (d) The Secretary may expend funds from the emergency fund 
herein authorized for the repair or reconstruction of highways 
on Federal-aid highways in accordance with the provisions of 
this chapter: Provided, That (1) obligations for projects under 
this section, including those on highways, roads, and trails 
mentioned in subsection (e) of this section, resulting from a 
single natural disaster or a single catastrophic failure in a 
State shall not exceed $100,000,000, and (2) the total 
obligations for projects under this section in any fiscal year 
in the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands shall not exeed 
$20,000,000. Notwithstanding any provision of this chapter 
actual and necessary costs of maintenance and operation of 
ferryboats providing temporary substitute highway traffic 
service, less the amount of fares charged, may be expended from 
the emergency fund herein authorized on Federal-aid highways. 
Except as to highways, roads, and trails mentioned in 
subsection (e) of this section, no funds shall be so expended 
unless the Secretary has received an application therefor from 
the State transportation department, and unless an emergency 
has been declared by the Governor of the State and concurred in 
by the Secretary, except that if the President has declared 
such emergency to be a major disaster for the purposes of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) concurrence of the Secretary is not 
required.
    (e) The Secretary may expend funds from the emergency fund 
herein authorized, either independently or in cooperation with 
any other branch of the Government, State agency, organization, 
or person, for the repair or reconstruction of forest highways, 
[forest development roads] National Forest System roads and 
trails, park roads and trails, parkways, [public lands 
highways,] public lands highways, recreation roads public lands 
development roads and trails, and Indian reservation roads, 
whether or not such highways, roads, or trails are Federal-aid 
highways.
    (f) Treatment of Territories.--For purposes of this 
section, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands shall be 
considered to be States and parts of the United States, and the 
chief executive officer of each such territory shall be 
considered to be a Governor of a State.

           *       *       *       *       *       *       *

Sec. 129. Toll roads, bridges, tunnels, and ferries

    (a) Basic Program.-- * * *

           *       *       *       *       *       *       *

    (d) Interstate System Reconstruction and Rehabilitation 
Pilot Program.--
            (1) Establishment.--Notwithstanding section 301, 
        the Secretary shall establish and implement an 
        Interstate System reconstruction and rehabilitation 
        pilot program under which the Secretary, 
        notwithstanding sections 129 and 301, may permit a 
        State to collect tolls on a highway, bridge, or tunnel 
        on the Interstate System for the purpose of 
        reconstructing and rehabilitating Interstate highway 
        corridors.
            (2) Limitation on number of facilities.--The 
        Secretary may permit the collection of tolls under this 
        subsection on 3 facilities on the Interstate System. 
        Each of such facilities shall be located in a different 
        State.
            (3) Eligibility.--To be eligible to participate in 
        the pilot program, a State shall submit to the 
        Secretary an application that contains, at a minimum, 
        the following:
                    (A) An identification of the facility on 
                the Interstate System proposed to be a toll 
                facility, including the age, condition, and 
                intensity of use of the facility.
                    (B) In the case of a facility that affects 
                a metropolitan area, an assurance that the 
                metropolitan planning organization established 
                under section 134, for the area has been 
                consulted concerning the placement and amount 
                of tolls on the facility.
                    (C) An analysis demonstrating that 
                financing the reconstruction or rehabilitation 
                of the facility with the collection of tolls 
                under this pilot program is the most efficient, 
                economical, or expeditious way to advance the 
                project.
                    (D) A facility management plan that 
                includes--
                            (i) a plan for implementing the 
                        imposition of tolls on the facility;
                            (ii) a schedule and finance plan 
                        for the reconstruction or 
                        rehabilitation of the facility using 
                        toll revenues;
                            (iii) a description of the public 
                        transportation agency that will be 
                        responsible for implementation and 
                        administration of the pilot program;
                            (iv) a description of whether 
                        consideration will be given to 
                        privatizing the maintenance and 
                        operational aspects of the facility, 
                        while retaining legal and 
                        administrative control of the portion 
                        of the Interstate route; and
                            (v) such other information as the 
                        Secretary may require.
            (4) Selection criteria.--The Secretary may approve 
        the application of a State under paragraph (3) only if 
        the Secretary determines that--
                    (A) the State's analysis showing that 
                financing the reconstruction or rehabilitation 
                of a facility with the collection of tolls 
                under the pilot program is the most efficient, 
                economical, or expeditious way to advance the 
                project;
                    (B) the facility needs reconstruction or 
                rehabilitation, including major work that may 
                require replacing sections of the existing 
                facility on new alignment;
                    (C) the State plan for reconstruction or 
                rehabilitation of the facility using toll 
                revenues is reasonable; and
                    (D) the State has given preference to the 
                use of a public toll agency with demonstrated 
                capability to build, operate, and maintain a 
                toll expressway system meeting criteria for the 
                Interstate System.
            (5) Limitations on use of revenues; audits.--Before 
        the Secretary may permit a State to participate in the 
        pilot program, the State must enter into an agreement 
        with the Secretary that provides that--
                    (A) all toll revenues received from 
                operation of the toll facility will be used 
                only for--
                            (i) debt service;
                            (ii) reasonable return on 
                        investment of any private person 
                        financing the project; and
                            (iii) any costs necessary for the 
                        improvement of and the proper operation 
                        and maintenance of the toll facility, 
                        including reconstruction, resurfacing, 
                        restoration, and rehabilitation of the 
                        toll facility; and
                    (B) regular audits will be conducted to 
                ensure compliance with subparagraph (A) and the 
                results of such audits will be transmitted to 
                the Secretary.
            (6) Limitation on use of interstate maintenance 
        funds.--During the term of the pilot program, funds 
        apportioned for Interstate maintenance under section 
        104(b)(4), may not be used on a facility for which 
        tolls are being collected under the program.
            (7) Program term.--The Secretary shall conduct the 
        pilot program under this subsection for a term to be 
        determined by the Secretary, but not less than 10 
        years.
            (8) Interstate system defined.--In this subsection, 
        the term ``Interstate System'' has the meaning such 
        term has under section 101.
    (e) Variable Toll Pricing Program.--
            (1) Definitions.--In this subsection:
                    (A) Eligible toll facility.--The term 
                ``eligible toll facility'' includes--
                            (i) a facility in existence on the 
                        date of enactment of this subsection 
                        that collects tolls;
                            (ii) a facility in existence on the 
                        date of enactment of this subsection 
                        that serves high occupancy vehicle 
                        lanes; and
                            (iii) a facility modified or 
                        constructed after the date of enactment 
                        of this subsection to create additional 
                        tolled capacity (including a facility 
                        constructed by a private entity or 
                        using private funds).
                    (B) Nonattainment area.--The term 
                ``nonattainment area'' has the meaning given 
                the term in section 171 of the Clean Air Act 
                (42 U.S.C. 7501).
            (2) Establishment.--Notwithstanding sections 129 
        and 301, the Secretary may permit a State, public 
        authority, or a public or private entity designated by 
        a State, to collect a toll from motor vehicles at an 
        eligible toll facility for any highway, bridge, or 
        tunnel, including facilities on the Interstate System--
                    (A) to manage high levels of congestion; or
                    (B) to reduce emissions in a nonattainment 
                area or maintenance area.
            (3) Limitation on use of revenues.--
                    (A) In general.--All toll revenues received 
                under paragraph (2) shall be used by a State or 
                public authority for--
                            (i) debt service;
                            (ii) a reasonable return on 
                        investment of any private financing; 
                        and
                            (iii) the costs necessary for 
                        proper operation and maintenance of any 
                        facilities under paragraph (2) 
                        (including reconstruction, resurfacing, 
                        restoration, and rehabilitation); and
                            (iv) projects eligible for Federal 
                        assistance under this title.
                    (B) Requirements.--
                            (i) Variable price requirement.--
                        The Secretary shall require, for each 
                        facility that charges tolls under this 
                        subsection, that the tolls vary in 
                        price according to time of day, as 
                        appropriate to manage congestion or 
                        improve air quality.
                            (ii) HOV passenger requirements.--
                        In addition to the exceptions to the 
                        high occupancy vehicle passenger 
                        requirements established under section 
                        102(a)(2), a State may permit motor 
                        vehicles with fewer than 2 occupants to 
                        operate in high occupancy vehicle lanes 
                        as part of a variable toll pricing 
                        program established under this 
                        subsection.
                    (C) Agreement.--
                            (i) In general.--Before the 
                        Secretary may permit a facility to 
                        charge tolls under this subsection, the 
                        Secretary and the applicable State or 
                        public authority shall enter into an 
                        agreement for each facility 
                        incorporating the conditions described 
                        in subparagraphs (A) and (B).
                            (ii) Termination.--An agreement 
                        under clause (i) shall terminate with 
                        respect to a facility upon the decision 
                        of the State or public authority to 
                        discontinue the variable tolling 
                        program under this subsection for the 
                        facility.
                            (iii) Debt.--If there is any debt 
                        outstanding on a facility at the time 
                        at which the decision is made to 
                        discontinue the program under this 
                        subsection with respect to the 
                        facility, the facility may continue to 
                        charge tolls in accordance with the 
                        terms of the agreement until such time 
                        as the debt is retired.
                    (D) Limitation on federal share.--The 
                Federal share of the cost of a project on a 
                facility tolled under this subsection, 
                including a project to install the toll 
                collection facility shall be a percentage, not 
                to exceed 80 percent, determined by the 
                applicable State.
            (4) Eligibility.--To be eligible to participate in 
        the program under this subsection, a State or public 
        authority shall provide to the Secretary--
                    (A) a description of the congestion or air 
                quality problems sought to be addressed under 
                the program;
                    (B) a description of--
                            (i) the goals sought to be achieved 
                        under the program; and
                            (ii) the performance measures that 
                        would be used to gauge the success made 
                        toward reaching those goals; and
                    (C) such other information as the Secretary 
                may require.
    (f) Automation.--A facility created or modified under this 
section shall use an electronic toll collection system that 
uses a transponder or other means to specify an account for the 
purposes of collecting a toll as a vehicle passes through the 
collection facility.
    (g) Interoperability.--
            (1) Rule.--
                    (A) In general.--Not later than 180 days 
                after the date of enactment of this subsection, 
                the Secretary shall promulgate a final rule 
                specifying requirements, standards, or 
                performance specifications for automated toll 
                collection systems implemented under this 
                section.
                    (B) Development.--In developing that rule, 
                which shall be designed to maximize the 
                interoperability of electronic collection 
                systems, the Secretary shall, to the maximum 
                extent practicable--
                            (i) seek to accelerate progress 
                        toward the national goal of achieving a 
                        nationwide interoperable electronic 
                        toll collection system;
                            (ii) take into account the use of 
                        transponders currently deployed within 
                        an appropriate geographical area of 
                        travel and the transponders likely to 
                        be in use within the next 5 years; and
                            (iii) seek to minimize additional 
                        costs and maximize convenience to users 
                        of toll facility and to the toll 
                        facility owner or operator.
            (2) Future modifications.--As the state of 
        technology progresses, the Secretary shall modify the 
        rule promulgated under paragraph (1)(A), as 
        appropriate.

           *       *       *       *       *       *       *

Sec. 130. Railway-highway crossings

    (a) * * *

           *       *       *       *       *       *       *

    (e) Funds for [Protective Devices] Railway-Highway 
Crossings.--[At least \1/2\ of the funds authorized for and 
expended under this section shall be available for the 
installation of protective devices at railway-highway 
crossings.]
            (1) In general.--For each fiscal year, at least 
        $200,000,000 of the funds authorized and expended under 
        section 148 shall be available for the elimination of 
        hazards and the installation of protective devices at 
        railway-highway crossings. [Sums authorized]
            (2) Obligation.--Sums authorized to be appropriated 
        to carry out this section shall be available for 
        obligation in the same manner as funds apportioned 
        under section 104(b)(1) of this title.

           *       *       *       *       *       *       *

    (g) Annual Report.--Each State shall report to the 
Secretary not later than December 30 of each year on the 
progress being made to implement the railway-highway crossings 
program authorized by this section and the effectiveness of 
such improvements. Each State report shall contain an 
assessment of the costs of the various treatments employed and 
subsequent accident experience at improved locations. The 
Secretary shall submit a report to the Committee on Environment 
and Public Works and the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives [not later than April 1 of each year] every 
other year, on the progress being made by the State in 
implementing projects to improve railway-highway crossings. The 
report shall include, but not be limited to, the number of 
projects undertaken, their distribution by cost range, road 
system, nature of treatment, and subsequent accident experience 
at improved locations. In addition, the Secretary's report 
shall analyze and evaluate each State program, identify any 
State found not to be in compliance with the schedule of 
improvements required by subsection (d) and include 
recommendations for future implementation of the railroad 
highway crossings program.

           *       *       *       *       *       *       *

    (k) Expenditure of Funds; Apportionment.--Funds made 
available to carry out this section shall be--
            (1) available for expenditure on compilation and 
        analysis of data in support of activities carried out 
        under subsection (g); and
            (2) apportioned in accordance with section 
        104(b)(5).

           *       *       *       *       *       *       *

Sec. 132. Payments on Federal-aid projects undertaken by a Federal 
                    agency

    [Where a proposed Federal-aid project is to be undertaken 
by a Federal agency pursuant to an agreement between a State 
and such Federal agency and the State makes a deposit with or 
payment to such Federal agency as may be required in 
fulfillment of the State's obligation under such agreement for 
the work undertaken or to be undertaken by such Federal agency, 
the Secretary, upon execution of a project agreement with such 
State for the proposed Federal-aid project, may reimburse the 
State out of the appropriate appropriations the estimated 
Federal share under the provisions of this title of the State's 
obligation so deposited or paid by such State. Upon completion 
of such project and its acceptance by the Secretary, an 
adjustment shall be made in such Federal share payable on 
account of such project based on the final cost thereof.]
    (a) In General.--In a case in which a proposed Federal-aid 
project is to be undertaken by a Federal agency in accordance 
with an agreement between a State and the Federal agency, the 
State may--
            (1) direct the Secretary to transfer the funds for 
        the Federal share of the project directly to the 
        Federal agency; or
            (2) make such deposit with, or payment to, the 
        Federal agency as is required to meet the obligation of 
        the State under the agreement for the work undertaken 
        or to be undertaken by the Federal agency.
    (b) Reimbursement.--On execution of a project agreement 
with a State described in subsection (a), the Secretary may 
reimburse the State, using any available funds, for the 
estimated Federal share under this title of the obligation of 
the State deposited or paid under subsection (a)(2). [Any sums]
    (c) Recovery and Crediting of Funds.--Any sums reimbursed 
to the State under this section which may be in excess of the 
Federal pro rata share under the provisions of this title of 
the State's share of the cost as set forth in the approved 
final voucher submitted by the State shall be recovered and 
credited to the same class of funds from which the Federal 
payment under this section was made.

           *       *       *       *       *       *       *

Sec. 133. Surface transportation program

    (a) Establishment.--The Secretary shall establish a surface 
transportation program in accordance with this section.
    (b) Eligible Projects.--A State may obligate funds 
apportioned to it under section 104(b)(3) for the surface 
transportation program only for the following:
            (1) * * *

           *       *       *       *       *       *       *

            (11) (A) In accordance with all applicable Federal 
        law and regulations, participation in natural habitat 
        and wetlands mitigation efforts related to projects 
        funded under this title, which may include 
        participation in natural habitat and wetlands 
        mitigation banks; contributions to statewide and 
        regional efforts to conserve, restore, enhance, and 
        create natural habitats and wetlands; and development 
        of statewide and regional natural habitat and wetlands 
        conservation and mitigation plans, including any such 
        banks, efforts, and plans authorized pursuant to the 
        Water Resources Development Act of 1990 (including 
        crediting provisions). Contributions to such mitigation 
        efforts may take place concurrent with or in advance of 
        project construction. Contributions toward these 
        efforts may occur in advance of project construction 
        only if such efforts are consistent with all applicable 
        requirements of Federal law and regulations and State 
        transportation planning processes. With respect to 
        participation in a natural habitat or wetland 
        mitigation effort related to a project funded under 
        this title that has an impact that occurs within the 
        service area of a mitigation bank, preference shall be 
        given, to the maximum extent practicable, to the use of 
        the mitigation bank if the bank contains sufficient 
        available credits to offset the impact and the bank is 
        approved in accordance with the Federal Guidance for 
        the Establishment, Use and Operation of Mitigation 
        Banks (60 Fed. Reg. 58605 (November 28, 1995)) or other 
        applicable Federal law (including regulations).
            (B) State habitat, streams, and wetlands mitigation 
        efforts under section 155.
            (12) Intermodal freight transportation projects in 
        accordance with section 325(d)(2).
            (13) Infrastructure-based intelligent 
        transportation systems capital improvements.
            [(14) Environmental restoration and pollution 
        abatement projects (including the retrofit or 
        construction of storm water treatment systems) to 
        address water pollution or environmental degradation 
        caused or contributed to by transportation facilities, 
        which projects shall be carried out when the 
        transportation facilities are undergoing 
        reconstruction, rehabilitation, resurfacing, or 
        restoration; except that the expenditure of funds under 
        this section for any such environmental restoration or 
        pollution abatement project shall not exceed 20 percent 
        of the total cost of the reconstruction, 
        rehabilitation, resurfacing, or restoration project.]
            (14) Environmental restoration and pollution 
        abatement in accordance with section 165.
            (15) Control of invasive plant species and 
        establishment of native species in accordance with 
        section 166.
            (16) Regional transportation operations 
        collaboration and coordination activities that are 
        associated with regional improvements, such as traffic 
        incident management, technology deployment, emergency 
        management and response, traveler information, and 
        regional congestion relief.
            (17) Rush hour congestion relief.--
                    (A) In general.--Subject to subparagraph 
                (B), a State may spend not more than 2 percent 
                of the funds apportioned under this section to 
                reduce traffic delays caused by motor vehicle 
                accidents and breakdowns on highways during 
                peak driving times.
                    (B) Use of funds.--A State, metropolitan 
                planning organization, or local government may 
                use the funds under subparagraph (A)--
                            (i) to develop a region-wide 
                        coordinated plan to mitigate traffic 
                        delays caused by motor vehicle 
                        accidents and breakdowns;
                            (ii) to purchase or lease 
                        telecommunications equipment for first 
                        responders;
                            (iii) to purchase or lease towing 
                        and recovery services;
                            (iv) to pay contractors for towing 
                        and recovery;
                            (v) to rent vehicle storage areas 
                        adjacent to roadways;
                            (vi) to fund service patrols, 
                        equipment, and operations;
                            (vii) to purchase incident 
                        detection equipment;
                            (viii) to carry out training.
            (18) Transportation and community system 
        preservation to facilitate the planning, development, 
        and implementation of strategies of metropolitan 
        planning organizations and local governments to 
        integrate transportation, community, and system 
        preservation plans and practices that address the 
        following:
                    (A) Improvement of the efficiency of the 
                transportation system in the United States.
                    (B) Reduction of the impacts of 
                transportation on the environment.
                    (C) Reduction of the need for costly future 
                investments in public infrastructure.
                    (D) Provision of efficient access to jobs, 
                services, and centers of trade.
                    (E) Examination of development patterns, 
                and identification of strategies to encourage 
                private sector development patterns, that 
                achieve the goals identified in subparagraphs 
                (A) through (D).
            (19) Projects relating to intersections, including 
        intersections--
                    (A) that--
                            (i) have disproportionately high 
                        accident rates;
                            (ii) have high levels of 
                        congestion, as evidenced by--
                                    (I) interrupted traffic 
                                flow at the intersection; and
                                    (II) a level of service 
                                rating, issued by the 
                                Transportation Research Board 
                                of the National Academy of 
                                Sciences in accordance with the 
                                Highway Capacity Manual, that 
                                is not better than `F' during 
                                peak travel hours; and
                            (iii) are directly connected to or 
                        located on a Federal-aid highway; and
                    (B) improvements that are approved in the 
                regional plan of the appropriate local 
                metropolitan planning organization.

           *       *       *       *       *       *       *

    (d) Allocations of Apportioned Funds.--
            [(1) For safety programs.--10 percent of the funds 
        apportioned to a State under section 104(b)(3) for the 
        surface transportation program for a fiscal year shall 
        only be available for carrying out sections 130 and 152 
        of this title. Of the funds set aside under the 
        preceding sentence, the State shall reserve in such 
        fiscal year an amount of such funds for carrying out 
        each such section which is not less than the amount of 
        funds apportioned to the State in fiscal year 1991 
        under such section.]
            [(2)] (1) For transportation enhancement 
        activities.--10 percent of the funds apportioned to a 
        State under section 104(b)(3) for a fiscal year shall 
        only be available for transportation enhancement 
        activities.
            [(3)] (2) Division between urbanized areas of over 
        200,000 population and other areas.--
                    (A) General rule.--Except as provided in 
                [subparagraphs (C) and (D)] subparagraph (C), 
                62.5 percent of the remaining [80 percent] 90 
                percent of the funds apportioned to a State 
                under section 104(b)(3) for a fiscal year shall 
                be obligated under this section--
                            (i) in urbanized areas of the State 
                        with an urbanized area population of 
                        over 200,000, and
                            (ii) in other areas of the State,
                in proportion to their relative share of the 
                State's population. The remaining 37.5 percent 
                may be obligated in any area of the State. 
                Funds attributed to an urbanized area under 
                clause (i) may be obligated in the metropolitan 
                area established under section 134 which 
                encompasses the urbanized area.
                    (B) Special rule for areas of less than 
                5,000 population.--Of the amounts required tobe 
                obligated under subparagraph (A)(ii), the State 
                shall obligate in areas of the State (other 
                than urban areas with a population greater than 
                5,000) an amount which is not less than 110 
                percent of the amount of funds apportioned to 
                the State for the Federal-aid secondary system 
                for fiscal year 1991.
                    [(C) Special rule for certain states.--In 
                the case of a State in which--
                            [(i) greater than 80 percent of the 
                        population of the State is located in 1 
                        or more metropolitan statistical areas, 
                        and
                            [(ii) greater than 80 percent of 
                        the land area of such State is owned by 
                        the United States,
                [the 62.5 percentage specified in the first 
                sentence of subparagraph (A) shall be 35 
                percent and the percentage specified in the 
                second sentence of subparagraph (A) shall be 65 
                percent.]
                    [(D)] (C) Noncontiguous states exemption.--
                Subparagraph (A) shall not apply to Hawaii and 
                Alaska.
                    [(E)] (D) Distribution between urbanized 
                areas of over 200,000 population.--The amount 
                of funds which a State is required to obligate 
                under subparagraph (A)(i) shall be obligated in 
                urbanized areas described in subparagraph 
                (A)(i) based on the relative population of such 
                areas; except that the State may obligate such 
                funds based on other factors if the State and 
                the relevant metropolitan planning 
                organizations jointly apply to the Secretary 
                for the permission to do so and the Secretary 
                grants the request.
            [(4)] (3) Applicability of planning requirements.--
        Programming and expenditure of funds for projects under 
        this section shall be consistent with the requirements 
        of sections 134 and 135 of this title.
            [(5)] (4) Applicability of certain requirements to 
        third party sellers.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) and (C), in the case of a 
                transportation enhancement activity funded from 
                the allocation required under [paragraph (2)] 
                paragraph (1), if real property or an interest 
                in real property is to be acquired from a 
                qualified organization exclusively for 
                conservation purposes (as determined under 
                section 170(h) of the Internal Revenue Code of 
                1986), the organization shall be considered to 
                be the owner of the property for the purpose of 
                the Uniform Relocation Assistance and Real 
                Property Acquisition Policies Act of 1970 (42 
                U.S.C. 4601 et seq.).
                    (B) Federal approval prior to involvement 
                of qualified organization.--If Federal approval 
                of the acquisition of the real property or 
                interest predates the involvement of a 
                qualified organization described in 
                subparagraph (A) in the acquisition of the 
                property, the organization shall be considered 
                to be an acquiring agency or person as 
                described in section 24.101(a)(2) of title 49, 
                Code of Federal Regulations, for the purpose of 
                the Uniform Relocation Assistance and Real 
                Property Acquisition Policies Act of 1970.
                    (C) Acquisitions on behalf of recipients of 
                federal funds.--If a qualified organization 
                described in subparagraph (A) has contracted 
                with a State transportation department or other 
                recipient of Federal funds to acquire the real 
                property or interest on behalf of the 
                recipient, the organization shall be considered 
                to be an agent of the recipient for the purpose 
                of the Uniform Relocation Assistance and Real 
                Property Acquisition Policies Act of 1970.
            (5) Highway stormwater discharge mitigation 
        projects.--Of the amount apportioned to a State under 
        section 104(b)(3) for a fiscal year, 2 percent shall be 
        available only for projects and activities carried out 
        under section 167.

           *       *       *       *       *       *       *

Sec. 134. Metropolitan planning

    (a) General Requirements.--

           *       *       *       *       *       *       *

    (f) Scope of Planning Process.--
            (1) In general.--The metropolitan transportation 
        planning process for a metropolitan area under this 
        section shall provide for consideration of projects and 
        strategies that will--
                    (A) support the economic vitality of the 
                metropolitan area, especially by enabling 
                global competitiveness, productivity, and 
                efficiency;
                    (B) increase the safety and security of the 
                transportation system for motorized and 
                nonmotorized users;
                    (C) increase the accessibility and mobility 
                options available to people and for freight;
                    (D) protect and enhance the environment 
                (including the protection of habitat, water 
                quality, and agricultural and forest land, 
                while minimizing invasive species), promote 
                energy conservation, and improve quality of 
                life (including minimizing adverse health 
                effects from mobile source air pollution and 
                promoting the linkage of the transportation and 
                development goals of the metropolitan area);
                    (E) enhance the integration and 
                connectivity of the transportation system, 
                across and between modes, for people and 
                freight;
                    (F) promote efficient system management and 
                operation; and
                    (G) emphasize the preservation and 
                efficient use of the existing transportation 
                system.
            (2) Selection of factors.--After soliciting and 
        considering any relevant public comments, the 
        metropolitan planning organization shall determine 
        which of the factors described in paragraph (1) are 
        most appropriate for the metropolitan area to consider.
            [(2)] (3) Failure to consider factors.--The failure 
        to consider any factor specified in paragraph (1) shall 
        not be reviewable by any court under this title, 
        subchapter II of chapter 5 of title 5, or chapter 7 of 
        title 5 in any matter affecting a transportation plan, 
        a transportation improvement plan, a project or 
        strategy, or the certification of a planning process.
    (g) Development of Long-Range Transportation Plan.--
            (1) In general.--Each metropolitan planning 
        organization shall prepare, and update [periodically, 
        according to a schedule that the Secretary determines 
        to be appropriate] every 4 years in areas designated as 
        nonattainment, as defined in section 107(d) of the 
        Clean Air Act (42 U.S.C. 7407(d)), and in areas that 
        were nonattainment that have been redesignated to 
        attainment in accordance with section 107(d)(3) of that 
        Act (42 U.S.C. 7407(d)(3)), with a maintenance plan 
        under section 175A of that Act (42 U.S.C. 7505a), or 
        every 5 years in areas designated as attainment (as 
        defined in section 107(d) of that Act (42 U.S.C. 
        7407(d))), a long-range transportation plan for its 
        metropolitan area in accordance with the requirements 
        of this subsection.
            (2) Long-range transportation plan.--A long-range 
        transportation plan under this section shall be in a 
        form that the Secretary determines to be appropriate 
        and shall contain, at a minimum, the following:
                    (A) An identification of transportation 
                facilities (including but not necessarily 
                limited to major roadways, transit, and 
                multimodal and intermodal facilities) that 
                should function as an integrated metropolitan 
                transportation system, giving emphasis to those 
                facilities that serve important national and 
                regional transportation functions. In 
                formulating the long-range transportation plan, 
                the metropolitan planning organization shall 
                consider factors described in subsection (f) as 
                such factors relate to a 20-year forecast 
                period.
                    (B) Mitigation activities.--
                            (i) In general.--A long-range 
                        transportation plan shall include a 
                        discussion of--
                                    (I) types of potential 
                                habitat, hydrological, and 
                                environmental mitigation 
                                activities that may assist in 
                                compensating for loss of 
                                habitat, wetland, and other 
                                environmental functions; and
                                    (II) potential areas to 
                                carry out these activities, 
                                including a discussion of areas 
                                that may have the greatest 
                                potential to restore and 
                                maintain the habitat types and 
                                hydrological or environmental 
                                functions affected by the plan.
                            (ii) Consultation.--The discussion 
                        shall be developed in consultation with 
                        Federal, State, and tribal wildlife, 
                        land management, and regulatory 
                        agencies.
                    [(B)] (C) A financial plan that 
                demonstrates how the adopted long-range 
                transportation plan can be implemented, 
                indicates resources from public and private 
                sources that are reasonably expected to be made 
                available to carry out the plan, and recommends 
                any additional financing strategies for needed 
                projects and programs. The financial plan may 
                include, for illustrative purposes, additional 
                projects that would be included in the adopted 
                long-range transportation plan if reasonable 
                additional resources beyond those identified in 
                the financial plan were available. For the 
                purpose of developing the long-range 
                transportation plan, the metropolitan planning 
                organization and State shall cooperatively 
                develop estimates of funds that will be 
                available to support plan implementation.
                    [(C)] (D) Assess capital investment and 
                other measures necessary to--
                            (i) ensure the preservation of the 
                        existing metropolitan transportation 
                        system, including requirements for 
                        operational improvements, resurfacing, 
                        restoration, and rehabilitation of 
                        existing and future major roadways, as 
                        well as operations, maintenance, 
                        modernization, and rehabilitation of 
                        existing and future transit facilities; 
                        and
                            (ii) make the most efficient use of 
                        existing transportation facilities to 
                        relieve vehicular congestion and 
                        maximize the mobility of people and 
                        goods.
                    [(D)] (E) Indicate as appropriate proposed 
                transportation enhancement activities.
            (3) Coordination with clean air act agencies.--In 
        metropolitan areas which are in nonattainment for ozone 
        or carbon monoxide under the Clean Air Act, the 
        metropolitan planning organization shall coordinate the 
        development of a long-range transportation plan with 
        the process for development of the transportation 
        control measures of the State implementation plan 
        required by the Clean Air Act.
            (4) Consultation.--
                    (A) In general.--In each metropolitan area, 
                the metropolitan planning organization shall 
                consult, as appropriate, with State and local 
                agencies responsible for land use management, 
                natural resources, environmental protection, 
                conservation, and historic preservation 
                concerning the development of a long-range 
                transportation plan.
                    (B) Issues.--The consultation shall 
                involve--
                            (i) comparison of transportation 
                        plans with State conservation plans or 
                        with maps, if available;
                            (ii) comparison of transportation 
                        plans to inventories of natural or 
                        historic resources, if available; or
                            (iii) consideration of areas where 
                        wildlife crossing structures may be 
                        needed to ensure connectivity between 
                        wildlife habitat linkage areas.
            [(4)] (5) Participation by interested parties.--
        [Before approving]
                    (A) In general.--Before approving a long-
                range transportation plan, each metropolitan 
                planning organization shall provide citizens, 
                affected public agencies, representatives of 
                transportation agency employees, freight 
                shippers, providers of freight transportation 
                services, private providers of transportation, 
                representatives of users of public transit, and 
                other interested parties with a reasonable 
                opportunity to comment on the long-range 
                transportation plan, in a manner that the 
                Secretary deems appropriate.
                    (B) Methods.--In carrying out subparagraph 
                (A), the metropolitan planning organization 
                shall, to the maximum extent practicable--
                            (i) hold any public meetings at 
                        convenient and accessible locations and 
                        times;
                            (ii) employ visualization 
                        techniques to describe plans; and
                            (iii) make public information 
                        available in electronically accessible 
                        format and means, such as the World 
                        Wide Web.
            [(5)] (6) Publication of long-range transportation 
        plan.--Each long-range transportation plan prepared by 
        a metropolitan planning organization shall be--
                    (i) published or otherwise made readily 
                available for public review , including (to the 
                maximum extent practicable) in electronically 
                accessible formats and means such as the World 
                Wide Web; and
                    (ii) submitted for information purposes to 
                the Governor at such times and in such manner 
                as the Secretary shall establish.
            [(6)] (7) Selection of projects from illustrative 
        list.--Notwithstanding paragraph (2)(B), a State or 
        metropolitan planning organization shall not be 
        required to select any project from the illustrative 
        list of additional projects included in the financial 
        plan under paragraph (2)(B).
    (h) Metropolitan Transportation Improvement Program.--
            (1) Development.--
                    (A) In general.--In cooperation with the 
                State and any affected public transit operator, 
                the metropolitan planning organization 
                designated for a metropolitan area shall 
                develop a transportation improvement program 
                for the area for which the organization is 
                designated.
                    (B) Opportunity for comment.--In developing 
                the program, the metropolitan planning 
                organization, in cooperation with the State and 
                any affected public transit operator, shall 
                provide citizens, affected public agencies, 
                representatives of transportation agency 
                employees, freight shippers, providers of 
                freight transportation services, private 
                providers of transportation, representatives of 
                users of public transit, and other interested 
                parties with a reasonable opportunity to 
                comment on the proposed program.
                    (C) Funding estimates.--For the purpose of 
                developing the transportation improvement 
                program, the metropolitan planning 
                organization, public transit agency, and State 
                shall cooperatively develop estimates of funds 
                that are reasonably expected to be available to 
                support program implementation.
                    (D) Updating and approval.--The program 
                shall be updated at least once every [2 years] 
                4 years and shall be approved by the 
                metropolitan planning organization and the 
                Governor.
            (2) Contents.--The transportation improvement 
        program shall include--
                    (A) a priority list of proposed federally 
                supported projects and strategies to be carried 
                out within each [3-year] 4-year period after 
                the initial adoption of the transportation 
                improvement program; and
                    (B) a financial plan that--
                            (i) demonstrates how the 
                        transportation improvement program can 
                        be implemented;
                            (ii) indicates resources from 
                        public and private sources that are 
                        reasonably expected to be available to 
                        carry out the program;
                            (iii) identifies innovative 
                        financing techniques to finance 
                        projects, programs, and strategies; and
                            (iv) may include, for illustrative 
                        purposes, additional projects that 
                        would be included in the approved 
                        transportation improvement program if 
                        reasonable additional resources beyond 
                        those identified in the financial plan 
                        were available.
            (3) Included projects.--
                    (A) Projects under this chapter and chapter 
                53 of title 49.--A transportation improvement 
                program developed under this subsection for a 
                metropolitan area shall include the projects 
                and strategies within the area that are 
                proposed for funding under this chapter and 
                chapter 53 of title 49.
                    (B) Projects under chapter 2.--
                            (i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 shall be identified 
                        individually in the transportation 
                        improvement program.
                            (ii) Other projects.--Projects 
                        proposed for funding under chapter 2 
                        that are not determined to be 
                        regionally significant shall be grouped 
                        in 1 line item or identified 
                        individually in the transportation 
                        improvement program.
                    (C) Consistency with long-range 
                transportation plan.--Each project shall be 
                consistent with the long-range transportation 
                plan developed under subsection (g) for the 
                area.
                    (D) Requirement of anticipated full 
                funding.--The program shall include a project, 
                or an identified phase of a project, only if 
                full funding can reasonably be anticipated to 
                be available for the project within the time 
                period contemplated for completion of the 
                project.
            (4) Notice and comment.--Before approving a 
        transportation improvement program, a metropolitan 
        planning organization shall, in cooperation with the 
        State and any affected public transit operator, provide 
        citizens, affected public agencies, 
        representatives of transportation agency employees, 
        freight shippers, providers of freight transportation 
        services, private providers of transportation, 
        representatives of users of public transit, and other 
        interested parties with reasonable notice of and an 
        opportunity to comment on the proposed program.
            (5) Selection of projects.--
                    (A) In general.--Except as otherwise 
                provided in subsection (i)(4) and in addition 
                to the transportation improvement program 
                development required under paragraph (1), the 
                selection of federally funded projects in 
                metropolitan areas shall be carried out, from 
                the approved transportation improvement 
                program--
                            (i) by--
                                    (I) in the case of projects 
                                under this chapter, the State; 
                                and
                                    (II) in the case of 
                                projects under chapter 53 of 
                                title 49, the designated 
                                transit funding recipients; and
                            (ii) in cooperation with the 
                        metropolitan planning organization.
                    (B) Modifications to project priority.--
                Notwithstanding any other provision of law, 
                action by the Secretary shall not be required 
                to advance a project included in the approved 
                transportation improvement program in place of 
                another project in the program.
            (6) Selection of projects from illustrative list.--
                    (A) No required selection.--Notwithstanding 
                paragraph (2)(B)(iv), a State or metropolitan 
                planning organization shall not be required to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv).
                    (B) Required action by the secretary.--
                Action by the Secretary shall be required for a 
                State or metropolitan planning organization to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv) for 
                inclusion in an approved transportation 
                improvement program.
            (7) Publication.--
                    (A) Publication of transportation 
                improvement programs.--A transportation 
                improvement program involving Government 
                participation shall be published or otherwise 
                made readily available by the metropolitan 
                planning organization for public review.
                    (B) Publication of annual listings of 
                projects.--An annual listing of projects for 
                which Federal funds have been obligated in the 
                preceding year shall be published or otherwise 
                made available by the metropolitan planning 
                organization for public review. The listing 
                shall be consistent with the categories 
                identified in the transportation improvement 
                program.

           *       *       *       *       *       *       *

Sec. 135. Statewide planning

    (a) General Requirements.--

           *       *       *       *       *       *       *

    (c) Scope of Planning Process.--
            (1) In general.--Each State shall carry out a 
        transportation planning process that provides for 
        consideration of projects and strategies that will--
                    (A) support the economic vitality of the 
                United States, the States, and metropolitan 
                areas, especially by enabling global 
                competitiveness, productivity, and efficiency;
                    (B) increase the safety and security of the 
                transportation system for motorized and 
                nonmotorized users;
                    (C) increase the accessibility and mobility 
                options available to people and for freight;
                    (D) protect and enhance the environment 
                (including the protection of habitat, water 
                quality, and agricultural and forest land, 
                while minimizing invasive species), promote 
                energy conservation, and improve quality of 
                life (including minimizing adverse health 
                effects from mobile source air pollution and 
                promoting the linkage of the transportation and 
                development goals of the State);
                    (E) enhance the integration and 
                connectivity of the transportation system, 
                across and between modes throughout the State, 
                for people and freight;
                    (F) promote efficient system management and 
                operation; and
                    (G) emphasize the preservation and 
                efficient use of the existing transportation 
                system.
            (2) Selection of projects and strategies.--After 
        soliciting and considering any relevant public 
        comments, the State shall determine which of the 
        projects and strategies described in paragraph (1) are 
        most appropriate for the State to consider.
            [(2)] (3) Failure to consider factors.--The failure 
        to consider any factor specified in paragraph (1) shall 
        not be reviewable by any court under this title, 
        subchapter II of chapter 5 of title 5, or chapter 7 of 
        title 5 in any matter affecting a transportation plan, 
        a transportation improvement plan, a project or 
        strategy, or the certification of a planning process.

           *       *       *       *       *       *       *

    (e) Long-Range Transportation Plan.--
            (1) Development.--Each State shall develop a long-
        range transportation plan, with a minimum 20-year 
        forecast period, for all areas of the State, that 
        provides for the development and implementation of the 
        intermodal transportation system of the State.
            (2) Consultation with governments.--
                    (A) Metropolitan areas.--With respect to 
                each metropolitan area in the State, the long-
                range transportation plan shall be developed in 
                cooperation with the metropolitan planning 
                organization designated for the metropolitan 
                area under section 134 of this title and 
                section 5303 of title 49.
                    (B) Nonmetropolitan areas.--With respect to 
                each nonmetropolitan area, the long-range 
                transportation plan shall be developed in 
                consultation with affected local officials with 
                responsibility for transportation.
                    (C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the long-range 
                transportation plan shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
                    (D) Consultation, comparison, and 
                consideration.--
                            (i) In general.--The long-range 
                        transportation plan shall be developed, 
                        as appropriate, in consultation with 
                        State and local agencies responsible 
                        for--
                                    (I) land use management;
                                    (II) natural resources;
                                    (III) environmental 
                                protection;
                                    (IV) conservation; and
                                    (V) historic preservation.
                            (ii) Comparison and 
                        consideration.--Consultation under 
                        clause (i) shall involve--
                                    (I) comparison of 
                                transportation plans to State 
                                conservation plans or maps, if 
                                available;
                                    (II) comparison of 
                                transportation plans to 
                                inventories of natural or 
                                historic resources, if 
                                available; or
                                    (III) consideration of 
                                areas where wildlife crossing 
                                structures may be needed to 
                                ensure connectivity between 
                                wildlife habitat linkage areas.
            (3) Participation by interested parties.--In 
        developing the long-range transportation plan, the 
        State shall--
                    (A) provide citizens, affected public 
                agencies, representatives of transportation 
                agency employees, freight shippers, private 
                providers of transportation, representatives of 
                users of public transit, providers of freight 
                transportation services, and other interested 
                parties with a reasonable opportunity to 
                comment on the proposed plan; and
                    [(B) identify transportation strategies 
                necessary to efficiently serve the mobility 
                needs of people.]
                    (B) Methods.--In carrying out subparagraph 
                (A), the State shall, to the maximum extent 
                practicable--
                            (i) hold any public meetings at 
                        convenient and accessible locations and 
                        times;
                            (ii) employ visualization 
                        techniques to describe plans; and
                            (iii) make public information 
                        available in electronically accessible 
                        format and means, such as the World 
                        Wide Web.
            (4) Mitigation activities.--
                    (A) In general.--A long-range 
                transportation plan shall include a discussion 
                of--
                            (i) types of potential habitat, 
                        hydrological, and environmental 
                        mitigation activities that may assist 
                        in compensating for loss of habitat, 
                        wetlands, and other environmental 
                        functions; and
                            (ii) potential areas to carry out 
                        these activities, including a 
                        discussion of areas that may have the 
                        greatest potential to restore and 
                        maintain the habitat types and 
                        hydrological or environmental functions 
                        affected by the plan.
                    (B) Consultation.--The discussion shall be 
                developed in consultation with Federal, State, 
                and tribal wildlife, land management, and 
                regulatory agencies.
            (5) Transportation strategies.--A long-range 
        transportation plan shall identify transportation 
        strategies necessary to efficiently serve the mobility 
        needs of people.
            [(4)] (6) Financial plan.--The long-range 
        transportation plan may include a financial plan that 
        demonstrates how the adopted long-range transportation 
        plan can be implemented, indicates resources from 
        public and private sources that are reasonably expected 
        to be made available to carry out the plan, and 
        recommends any additional financing strategies for 
        needed projects and programs. The financial plan may 
        include, for illustrative purposes, additional projects 
        that would be included in the adopted transportation 
        plan if reasonable additional resources beyond those 
        identified in the financial plan were available.
            [(5)] (7) Selection of projects from illustrative 
        list.--Notwithstanding paragraph (4), a State shall not 
        be required to select any project from the illustrative 
        list of additional projects included in the financial 
        plan under paragraph (4).
            (8) Publication of long-range transportation 
        plans.--Each long-range transportation plan prepared by 
        a State shall be published or otherwise made available, 
        including (to the maximum extent practicable) in 
        electronically accessible formats and means, such as 
        the World Wide Web.

           *       *       *       *       *       *       *

    (f) State Transportation Improvement Program.--
            (1) Development.--
                    (A) In general.--Each State shall develop a 
                transportation improvement [program] (which 
                program shall cover a period of 4 years and be 
                updated every 4 years) for all areas of the 
                State.

           *       *       *       *       *       *       *

Sec. 137. Fringe and corridor parking facilities

    (a) The Secretary may approve as a project [on the Federal-
aid urban system] on a Federal-aid highway the acquisition of 
land adjacent to the right-of-way outside a central business 
district, as defined by the Secretary, and the construction of 
publicly owned parking facilities thereon or within such right-
of-way, including the use of the air space above and below the 
established grade line of the highway pavement, to serve an 
urban area of fifty thousand population or more. Such parking 
facility shall be located and designed in conjunction with 
existing or planned public transportation facilities. In the 
event fees are charged for the use of any such facility, the 
rate thereof shall not be in excess of that required for 
maintenance and operation (including compensation to any person 
for operating such facility).
    (b) The Secretary shall not approve any project under this 
section until--
            (1) he has determined that the State, or the 
        political subdivision thereof, where such project is to 
        be located, or any agency, or instrumentality of such 
        State or political subdivision, has the authority and 
        capability of constructing, maintaining, and operating 
        the facility;
            (2) he has entered into an agreement governing the 
        financing, maintenance, and operation of the parking 
        facility with such State, political subdivision, agency 
        or instrumentality, including necessary requirements to 
        insure that adequate public transportation services 
        will be available to persons using such facility; and
            (3) he has approved design standards for 
        constructing such facility developed in cooperation 
        with the State transportation department.
    (c) The term ``parking facilities'' for purposes of this 
section shall include access roads, buildings, structures, 
equipment, improvements, and interests in lands.
    (d) Nothing in this section, or in any rule or regulation 
issued under this section, or in any agreement required by this 
section, shall prohibit (1) any State, political subdivision, 
or agency or instrumentality thereof, from contracting with any 
person to operate any parking facility constructed under this 
section, or (2) any such person from so operating such 
facility.
    (e) The Secretary shall not approve any project under this 
section unless he determines that it is based on a continuing 
comprehensive transportation planning process carried on in 
accordance with section 134 of this title.
    (f)(1) The Secretary may approve for Federal financial 
assistance from funds apportioned under section 104(b)(4), 
projects for designating existing facilities, or for 
acquisition of rights of way or construction of new facilities, 
for use as perferential parking for carpools, provided that 
such facilities (A) are located outside of a central business 
district and within an interstate highway corridor, and (B) 
have as their primary purpose the reduction of vehicular 
traffic on the interstate highway.
    (2) Nothing in this subsection, or in any rule or 
regulation issued under this subsection, or in any agreement 
required by this subsection, shall prohibit (A) any State, 
political subdivision, or agency or instrumentality thereof, 
from contracting with any person to operate any parking 
facility designated or constructed under this subsection, or 
(B) any such person from so operating such facility. Any fees 
charged for the use of any such facility in connection with the 
purpose of this subsection shall not be in excess of the amount 
required for operation and maintenance, including compensation 
to any person for operating the facility.
    (3) For the purposes of this subsection, the terms 
``facilities'' and ``parking facilities'' are synonymous and 
shall have the same meaning given ``parking facilities'' in 
subsection (c) of this section.

           *       *       *       *       *       *       *

Sec. 139. Infrastructure performance and maintenance program

    (a) Establishment.--The Secretary shall establish and 
implement an infrastructure performance and maintenance program 
in accordance with this section.
    (b) Eligible Projects.--
            (1) In general.--A State may obligate funds 
        allocated to the State under this section only for 
        projects eligible under the Interstate maintenance 
        program under section 119, the National Highway System 
        program under section 103, the surface transportation 
        program under section 133, the highway safety 
        improvement program under section 148, the highway 
        bridge replacement and rehabilitation program under 
        section 144, and the congestion mitigation and air 
        quality improvement program under section 149 that 
        will--
                    (A) preserve, maintain, or otherwise 
                extend, in a cost-effective manner, the useful 
                life of existing highway infrastructure 
                elements; or
                    (B) provide operational improvements 
                (including traffic management and intelligent 
                transportation system strategies and limited 
                capacity enhancements) at points of recurring 
                highway congestion.
            (2) Set-aside.--Notwithstanding any other provision 
        of law, of the amounts made available under section 
        1101(a)(14) of the Safe, Accountable, Flexible, and 
        Efficient Transportation Equity Act of 2003, 
        $439,000,000 shall be available for obligation to carry 
        out this section without further appropriation.
    (c) Period of Availability.--
            (1) Obligation within 180 days.--
                    (A) In general.--Funds allocated to a State 
                under this section shall be obligated by the 
                State not later than 180 days after the date of 
                apportionment.
                    (B) Unobligated funds.--Any amounts that 
                remain unobligated at the end of that period 
                shall be allocated in accordance with 
                subsection (d).
            (2) Obligation by end of fiscal year.--
                    (A) In general.--All funds allocated or 
                reallocated under this section shall remain 
                available for obligation until the last day of 
                the fiscal year for which the funds are 
                apportioned.
                    (B) Unobligated funds.--Any amounts 
                allocated that remain unobligated at the end of 
                the fiscal year shall lapse.
    (d) Redistribution of Allocated Funds and Obligation 
Authority.--
            (1) In general.--On the date that is 180 days after 
        the date of allocation, or as soon thereafter as 
        practicable, for each fiscal year, the Secretary 
        shall--
                    (A) withdraw--
                            (i) any funds allocated to a State 
                        under this section that remain 
                        unobligated; and
                            (ii) an equal amount of obligation 
                        authority provided for the use of the 
                        funds in accordance with section 
                        1101(a)(14) of the Safe, Accountable, 
                        Flexible, and Efficient Transportation 
                        Equity Act of 2003; and
                    (B) reallocate the funds and redistribute 
                the obligation authority to those States that--
                            (i) have fully obligated all 
                        amounts allocated under this section 
                        for the fiscal year; and
                            (ii) demonstrate that the State is 
                        able to obligate additional amounts for 
                        projects eligible under this section 
                        before the end of the fiscal year.
            (2) Equity bonus.--The calculation and distribution 
        of funds under section 105 shall be adjusted as a 
        result of the allocation of funds under this 
        subsection.
    (e) Federal Share Payable.--The Federal share payable for a 
project funded under this section shall be determined in 
accordance with section 120.

           *       *       *       *       *       *       *

Sec. 140. Nondiscrimination

    (a) Prior to approving any programs for projects as 
provided for in [subsection (a) of section 105 of this title] 
section 135, the Secretary shall require assurances from any 
State desiring to avail itself of the benefits of this chapter 
that employment in connection with proposed projects will be 
provided without regard to race, color, creed, national origin, 
or sex. [He] The Secretary shall require that each State shall 
include in the advertised specifications, notification of the 
specific equal employment opportunity responsibilities of the 
successful bidder. In approving programs for projects on any of 
the Federal-aid systems, the Secretary shall, [where he 
considers it necessary to assure] if necessary to ensure equal 
employment opportunity, require certification by any State 
desiring to avail itself of the benefits of this chapter that 
there are in existence and available on a regional, statewide, 
or local basis, apprenticeship, skill improvement or other 
upgrading programs, registered with the Department of Labor or 
the appropriate State agency, if any, which provide equal 
opportunity for training and employment without regard to race, 
color, creed, national origin, or sex. In implementing such 
programs, a State may reserve training positions for persons 
who receive welfare assistance from such State; except that the 
implementation of any such program shall not cause current 
employees to be displaced or current positions to be supplanted 
or preclude workers that are participating in an 
apprenticeship, skill improvement, or other upgrading program 
registered with the Department of Labor or the appropriate 
State agency from being referred to, or hired on, projects 
funded under this title without regard to the length of time of 
their participation in such program. The Secretary shall 
periodically obtain from the Secretary of Labor and the 
respective State transportation departments information which 
will enable [him] the Secretary to judge compliance with the 
requirements of this section and the Secretary of Labor shall 
render to the Secretary such assistance and information as [he] 
the Secretary shall deem necessary to carry out the equal 
employment opportunity program required hereunder.
    (b) The Secretary, in cooperation with any other department 
or agency of the Government, State agency, authority, 
association, institution, Indian tribal government, corporation 
(profit or nonprofit), or any other organization or person, is 
authorized to develop, conduct, and administer [highway 
construction] surface transportation and technology training, 
including skill improvement programs, and to develop and fund 
summer transportation institutes. Whenever apportionments are 
made under section 104(b)(3) of this title, the Secretary shall 
deduct such sums [as he may deem necessary] as necessary, [not 
to exceed $2,500,000 for the transition quarter ending 
September 30, 1976], and not to exceed $10,000,000 per fiscal 
year, for the administration of this subsection. Such sums so 
deducted shall remain available until expended. The provisions 
of section 3709 of the Revised Statutes, as amended (41 U.S.C. 
5), shall not be applicable to contracts and agreements made 
under the authority herein granted to the Secretary. 
Notwithstanding any other provision of law, not to exceed \1/2\ 
of 1 percent of funds apportioned to a State for the surface 
transportation program under section 104(b) and the bridge 
program under section 144 may be available to carry out this 
subsection upon request of the State transportation department 
to the Secretary.
    (c) The Secretary, in cooperation with any other department 
or agency of the Government, State agency, authority, 
association, institution, Indian tribal governments, 
corporation (profit or nonprofit), or any other organization or 
person, is authorized to develop, conduct, and administer 
training programs and assistance programs in connection with 
any program under this title in order that minority businesses 
may achieve proficiency to compete, on an equal basis, for 
contracts and subcontracts. Whenever apportionments are made 
under [subsection 104(b)(3) of this title] subsection 
104(b)(3), the Secretary shall deduct such sums as [he may 
deem] necessary, not to exceed $10,000,000 per fiscal year, for 
the administration of this subsection. The provisions of 
section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), 
shall not be applicable to contracts and agreements made under 
the authority herein granted to the Secretary notwithstanding 
the provisions of section 302(e) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 252(e)).
      (d) Indian Employment [and Contracting].--Consistent with 
section 703(i) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-2(i)), nothing in this section shall preclude the 
preferential employment of Indians living on or near a 
reservation on projects and contracts on Indian reservation 
roads. States may implement a preference for employment of 
Indians on projects carried out under this title near Indian 
reservations. The Secretary shall cooperate with Indian tribal 
governments and the States to implement this subsection.

           *       *       *       *       *       *       *

[Sec. 144. Highway bridge replacement and rehabilitation program

    [(a) Congress hereby finds and declares it to be in the 
vital interest of the Nation that a highway bridge replacement 
and rehabilitation program be established to enable the several 
States to replace or rehabilitate highway bridges over 
waterways, other topographical barriers, other highways, or 
railroads when the States and the Secretary find that a bridge 
is significantly important and is unsafe because of structural 
deficiencies, physical deterioration, or functional 
obsolescence.]

Sec. 144. Highway bridge program

    (a) Congressional Statement.--Congress finds and declares 
that it is in the vital interest of the United States that a 
highway bridge program be established to enable States to 
improve the condition of their bridges through replacement, 
rehabilitation, and systematic preventative maintenance on 
highway bridges over waterways, other topographical barriers, 
other highways, or railroads at any time at which the States 
and the Secretary determine that a bridge is unsafe because of 
structural deficiencies, physical deterioration, or functional 
obsolescence.
    (b) The Secretary, in consultation with the States, shall 
(1) inventory all those highway bridges on any Federal-aid 
system which are bridges over waterways, other topographical 
barriers, other highways, and railroads; (2) classify them 
according to serviceability, safety, and essentiality for 
public use; (3) based on that classification, assign each a 
priority for replacement or rehabilitation; and (4) determine 
the cost of replacing each such bridge with a comparable 
facility or by rehabilitating such bridge.
    (c)(1) The Secretary, in consultation with the States, 
shall (1) inventory all those highway bridges on public roads, 
other than those on any Federal-aid system, which are bridges 
over waterways, other topographical barriers, other highways, 
and railroads, (2) classify them according to serviceability, 
safety, and essentiality for public use, (3) based on the 
classification, assign each a priority for replacement or 
rehabilitation and (4) determine the cost of replacing each 
such bridge with a comparable facility or of rehabilitating 
such bridge.
    (2) The Secretary may, at the request of a State, inventory 
bridges, on and off the Federal-aid system, for historic 
significance.
            (3) Inventory of indian reservation and park 
        bridges.--As part of the activities carried out under 
        paragraph (1), the Secretary, in consultation with the 
        Secretary of the Interior, shall (A) inventory all 
        those highway bridges on Indian reservation roads and 
        park roads which are bridges over waterways, other 
        topographical barriers, other highways, and railroads, 
        (B) classify them according to serviceability, safety, 
        and essentiality for public use, (C) based on the 
        classification, assign each a priority for replacement 
        or rehabilitation, and (D) determine the cost of 
        replacing each such bridge with a comparable facility 
        or of rehabilitating such bridge.
    [(d) Whenever any State or States make application to the 
Secretary for assistance in replacing or rehabilitating a 
highway bridge which the priority system established under 
subsection (b) and (c) of this section shows to be eligible, 
the Secretary may approve Federal participation in replacing 
such bridge with a comparable facility or in rehabilitating 
such bridge. Whenever any State makes application to the 
Secretary for assistance in painting and seismic retrofit, or 
applying calcium magnesium acetate, sodium acetate/formate, or 
other environmentally acceptable, minimally corrosive anti-
icing and de-icing compositions or installing scour 
countermeasures to, the structure of a highway bridge, the 
Secretary may approve Federal participation in the painting or 
seismic retrofit of, or application of such acetate or sodium 
acetate/formate or such anti-icing or de-icing composition or 
installation of such countermeasures to, such structure. The 
Secretary shall determine the eligibility of highway bridges 
for replacement or rehabilitation for each State based upon the 
unsafe highway bridges in such State, except that a State may 
carry out a project for seismic retrofit of a bridge under this 
section without regard to whether the bridge is eligible for 
replacement or rehabilitation under this section. In approving 
projects (other than projects for bridge structure painting or 
seismic retrofit or application of such acetate or sodium 
acetate/formate or such anti-icing or de-icing composition or 
installation of such countermeasures) under this section, the 
Secretary shall give consideration to those projects which will 
remove from service those highway bridges most in danger of 
failure.]
    (d) Participation in Program.--
            (1) In general.--On application by a State to the 
        Secretary for assistance in replacing or rehabilitating 
        a highway bridge that has been determined to be 
        eligible for replacement or rehabilitation under 
        subsection (b) or (c), the Secretary may approve 
        Federal participation in--
                    (A) replacing the bridge with a comparable 
                bridge; or
                    (B) rehabilitating the bridge.
            (2) Specific kinds of rehabilitation.--On 
        application by a State to the Secretary for assistance 
        in painting, seismic retrofit, or preventative 
        maintenance of, or installation of scour 
        countermeasures or applying calcium magnesium acetate, 
        sodium acetate/formate, or other environmentally 
        acceptable, minimally corrosive anti-icing and de-icing 
        compositions to, the structure of a highway bridge, the 
        Secretary may approve Federal participation in the 
        painting, seismic retrofit, or preventative maintenance 
        of, or installation of scour countermeasures or 
        application of acetate or sodium acetate/formate or 
        such anti-icing or de-icing composition to, the 
        structure.
            (3) Eligibility.--
                    (A) In general.--Except as provided in 
                subparagraph (B), the Secretary shall determine 
                the eligibility of highway bridges for 
                replacement or rehabilitation for each State 
                based on the number of unsafe highway bridges 
                in the State.
                    (B) Preventative maintenance.--A State may 
                carry out a project for preventative 
                maintenance on a bridge, seismic retrofit of a 
                bridge, or installation of scour 
                countermeasures to a bridge under this section 
                without regard to whether the bridge is 
                eligible for replacement or rehabilitation 
                under this section.
    (e) Funds authorized to carry out this section shall be 
apportioned among the several States on October 1 of the fiscal 
year for which authorized in accordance with this subsection. 
Each deficient bridge shall be placed into one of the following 
categories: (1) Federal-aid system bridges eligible for 
replacement, (2) Federal-aid system bridges eligible for 
rehabilitation, (3) off-system bridges eligible for 
replacement, and (4) off-system bridges eligible for 
rehabilitation. The [square footage] area of deficient bridges 
in each category shall be multiplied by the respective unit 
price on a State-by-State basis, as determined by the 
Secretary; and the total cost in each State divided by the 
total cost of the deficient bridges in all States shall 
determine the apportionment factors. For purposes of the 
preceding sentence, the total cost of deficient bridges in a 
State and in all States shall be reduced by [the total cost of 
any highway bridges constructed under subsection (m) in such 
State, relating to replacement of destroyed bridges and 
ferryboat services, and], if a State transfers funds 
apportioned to the State under this section in a fiscal year 
beginning after September 30, [1997] 2003, to any other 
apportionment of funds to such State under this title, the 
total cost of deficient bridges in such State and in all States 
to be determined for the succeeding fiscal year shall be 
reduced by the amount of such transferred funds. No State shall 
receive more than 10 per centum or less than 0.25 per centum of 
the total apportionment for any one fiscal year. The Secretary 
shall make these determinations based upon the latest available 
data, which shall be updated annually. Funds apportioned under 
this section shall be available for expenditure for the same 
period as funds apportioned for projects on [the Federal-aid 
primary system] Federal-aid highways under this title. Any 
funds not obligated at the expiration of such period shall be 
reapportioned by the Secretary to the other States in 
accordance with this subsection. The use of funds authorized 
under this section to carry out a project for the seismic 
retrofit of a bridge shall not affect the apportionment of 
funds under this section.
    [(f) The Federal share payable on account of any project 
under this section shall be 80 per centum of the cost thereof.
    [(g) Set Asides.--
            [(1) Discretionary bridge program.--
                    [(A) Fiscal years 1992 through 
                1997.--Of the amounts authorized for each of 
                fiscal years 1992, 1993, 1994, 1995, 1996, and 
                1997 by section 103 of the Intermodal Surface 
                Transportation Efficiency Act of 1991, all but 
                $57,000,000 in the case of fiscal year 1992, 
                $68,000,000 in the case of fiscal years 1993 
                and 1994, and $69,000,000 in the case of fiscal 
                years 1995, 1996, and 1997 shall be apportioned 
                as provided in subsection (e) of this section. 
                $49,000,000 in the case of fiscal year 1992, 
                $59,500,000 in the case of fiscal years 1993 
                and 1994, and $60,500,000 in the case of fiscal 
                years 1995, 1996, and 1997 of the amount 
                authorized for each of such fiscal years shall 
                be available for obligation on the date of each 
                such apportionment in the same manner and to 
                the same extent as the sums apportioned on such 
                date, except that the obligation of $49,000,000 
                in the case of fiscal year 1992, $59,500,000 in 
                the case of fiscal years 1993 and 1994, and 
                $60,500,000 in the case of fiscal years 1995, 
                1996, and 1997 shall be at the discretion of 
                the Secretary, and $8,500,000 per fiscal year 
                ($8,000,000 in the case of fiscal year 1992) of 
                the amount authorized for each of such fiscal 
                years shall be available in accordance with 
                section 1039 of the Intermodal Surface 
                Transportation Efficiency Act of 1991, relating 
                to highway timber bridges.
                    [(B) Fiscal year 1998.--Of the amounts 
                authorized to be appropriated to carry out the 
                bridge program under this section for fiscal 
                year 1998, all but $25,000,000 shall be 
                apportioned as provided in subsection (e) of 
                this section. Such $25,000,000 shall be 
                available only for projects for the seismic 
                retrofit of a bridge described in subsection 
                (l).
                    [(C) Fiscal years 1999 through 2003.--Of 
                the amounts authorized to be appropriated to 
                carry out the bridge program under this section 
                for each of fiscal years 1999 through 2003, all 
                but $100,000,000 shall be apportioned as 
                provided in subsection (e). Such $100,000,000 
                shall be available at the discretion of the 
                Secretary; except that not to exceed 
                $25,000,000 shall be available only for 
                projects for the seismic retrofit of bridges, 
                including projects in the New Madrid fault 
                region.
            [(2) Eligible discretionary projects.--Subject to 
        section 149(d) of the Federal-Aid Highway Act of 1987, 
        amounts made available by paragraph (1) for obligation 
        at the discretion of the Secretary may be obligated 
        only--
                    [(A) for a project for a highway bridge the 
                replacement or rehabilitation cost of which is 
                more than $10,000,000, and
                    [(B) for a project for a highway bridge the 
                replacement or rehabilitation cost of which is 
                less than $10,000,000 if such cost is at least 
                twice the amount apportioned to the State in 
                which such bridge is located under subsection 
                (e) for the fiscal year in which application is 
                made for a grant for such bridge.
            [(3) Off-system bridges.--Not less than 15 percent 
        nor more than 35 percent of the amount apportioned to 
        each State in each of fiscal years 1987 through 2003 
        shall be expended for projects to replace, 
        rehabilitate, paint or seismic retrofit, or apply 
        calcium magnesium acetate, sodium acetate/formate, or 
        other environmentally acceptable, minimally corrosive 
        anti-icing and de-icing compositions or install scour 
        countermeasures to highway bridges located on public 
        roads, other than those on a Federal-aid highway. The 
        Secretary, after consultation with State and local 
        officials, may, with respect to such State, reduce the 
        requirement for expenditure for bridges not on a 
        Federal-aid highway when the Secretary determines that 
        such State has inadequate needs to justify such 
        expenditure.]
    (f) Set Asides.--
            (1) Discretionary bridge program.--
                    (A) In general.--Of the amounts authorized 
                to be appropriated to carry out the bridge 
                program under this section for each of fiscal 
                years 2004 through 2009, all but $150,000,000 
                shall be apportioned as provided in subsection 
                (e).
                    (B) Availability.--The $150,000,000 
                referred to in subparagraph (A) shall be 
                available at the discretion of the Secretary, 
                except that not to exceed $25,000,000 of that 
                amount shall be available only for projects for 
                the seismic retrofit of bridges.
                    (C) Set asides.--For fiscal year 2004, the 
                Secretary shall provide--
                            (i) $50,000,000 to the State of 
                        Nevada for construction of a 
                        replacement of the federally-owned 
                        bridge over the Hoover Dam in the Lake 
                        Mead National Recreation Area; and
                            (ii) $50,000,000 to the State of 
                        Missouri for construction of a 
                        structure over the Mississippi River to 
                        connect the city of St. Louis, 
                        Missouri, to the State of Illinois.
            (2) Off-system bridges.--
                    (A) In general.--Not less than 15 percent 
                of the amount apportioned to each State in each 
                of fiscal years 2004 through 2009 shall be 
                expended for projects to replace, rehabilitate, 
                perform systematic preventative maintenance or 
                seismic retrofit, or apply calcium magnesium 
                acetate, sodium acetate/formate, or other 
                environmentally acceptable, minimally corrosive 
                anti-icing and de-icing compositions or install 
                scour countermeasures to highway bridges 
                located on public roads, other than those on a 
                Federal-aid highway.
                    (B) Reduction of expenditures.--The 
                Secretary, after consultation with State and 
                local officials, may, with respect to the 
                State, reduce the requirement for expenditure 
                for bridges not on a Federal-aid highway if the 
                Secretary determines that the State has 
                inadequate needs to justify the expenditure.
    [(h)] (g) Notwithstanding any other provision of law, the 
General Bridge Act of 1946 (33 U.S.C. 525-533) shall apply to 
bridges authorized to be replaced, in whole or in part, by this 
section, except that subsection (b) of section 502 of such Act 
of 1946 and section 9 of the Act of March 3, 1899 (30 Stat. 
1151) shall not apply to any bridge constructed, reconstructed, 
rehabilitated, or replaced with assistance under this title, if 
such bridge is over waters (1) which are not used and are not 
susceptible to use in their natural condition or by reasonable 
improvement as a means to transport interstate or foreign 
commerce, and (2) which are (a) not tidal, or (b) if tidal, 
used only by recreational boating, fishing, and other small 
vessels less than 21 feet in length.
    [(i)] (h) Inventories and Reports.--The Secretary shall--
            (1) report to the Committee on Environment and 
        Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives on projects approved under this 
        section;
            (2) annually revise the current inventories 
        authorized by subsections (b) and (c) of this section;
            (3) report to such committees on such inventories; 
        [and]
            (4) report to such committees such recommendations 
        as the Secretary may have for improvements of the 
        program authorized by this section[.]; and
            (5) biennially submit such reports as are required 
        under this subsection to the appropriate committees of 
        Congress simultaneously with the report required by 
        section 502(g).
Such reports shall be submitted to such committees biennially 
at the same time as the report required by section 307(f) of 
this title is submitted to Congress.
    [(j)] (i) Sums apportioned to a State under this section 
shall be made available for obligation throughout such State on 
a fair and equitable basis.
    [(k)] (j) Not later than six months after the date of 
enactment of this subsection, and periodically thereafter, the 
Secretary shall review the procedure used in approving or 
disapproving applications submitted under this section to 
determine what changes, if any, may be made to expedite such 
procedure. Any such changes shall be implemented by the 
Secretary as soon as possible. Not later than nine months after 
the date of enactment of this subsection, the Secretary shall 
submit a report to Congress which describes such review and 
such changes, including any recommendations for legislative 
changes.
    [(l)] (k) Notwithstanding any other provision of law, any 
bridge which is owned and operated by an agency (1) which does 
not have taxing powers, (2) whose functions include operating a 
federally assisted public transit system subsidized by toll 
revenues, shall be eligible for assistance under this section 
but the amount of such assistance shall in no event exceed the 
cumulative amount which such agency has expended for capital 
and operating costs to subsidize such transit system. Before 
authorizing an expenditure of funds under this subsection, the 
Secretary shall determine that the applicant agency has 
insufficient reserves, surpluses, and projected revenues (over 
and above those required for bridge and transit capital and 
operating costs) to fund the necessary bridge replacement or 
rehabilitation project. Any non-Federal funds expended for the 
seismic retrofit of the bridge may be credited toward the non-
Federal share required as a condition of receipt of any Federal 
funds for seismic retrofit of the bridge made available after 
the date of the expenditure.
    [(m)] (l) Replacement of Destroyed Bridges and Ferryboat 
Service.--
            (1) General rule.--Notwithstanding any other 
        provision of this section or of any other provision of 
        law, a State may utilize any of the funds provided 
        under this section to construct any bridge which--
                    (A) replaces any low water crossing 
                (regardless of the length of such low water 
                crossing),
                    (B) replaces any bridge which was destroyed 
                prior to 1965,
                    (C) replaces any ferry which was in 
                existence on January 1, 1984, or
                    (D) replaces any road bridges rendered 
                obsolete as a result of United States Corps of 
                Engineers flood control or channelization 
                projects and not rebuilt with funds from the 
                United States Corps of Engineers.
            (2) Federal share.--The Federal share payable on 
        any bridge construction carried out under paragraph (1) 
        shall be 80 percent of the cost of such construction.
    [(n)] (m) Off-System Bridge Program.--Notwithstanding any 
other provision of law, with respect to any project not on a 
Federal-aid highway for the replacement of a bridge or 
rehabilitation of a bridge which is wholly funded from State 
and local sources, is eligible for Federal funds under this 
section, is noncontroversial, is certified by the State to have 
been carried out in accordance with [all standards] all general 
engineering standards applicable to such projects under this 
section, and is determined by the Secretary upon completion to 
be no longer a deficient bridge, any amount expended after the 
date of the enactment of this subsection from State and local 
sources for such project in excess of 20 percent of the cost of 
construction thereof may be credited to the non-Federal share 
of the cost of the projects in such State which are eligible 
for Federal funds under this section. Such crediting shall be 
in accordance with such procedures as the Secretary may 
establish.
    [(o)] (n) Historic Bridge Program.--
            (1) Coordination.--The Secretary shall, in 
        cooperation with the States, implement the programs 
        described in this section in a manner that encourages 
        the inventory, retention, rehabilitation, adaptive 
        reuse, and future study of historic bridges.
            (2) State inventory.--The Secretary shall require 
        each State to complete an inventory of all bridges on 
        and off the Federal-aid system to determine their 
        historic significance.
            (3) Eligibility.--Reasonable costs associated with 
        actions to preserve, or reduce the impact of a project 
        under this chapter on, the historic integrity of 
        historic bridges shall be eligible as reimbursable 
        project costs under this [title (including this 
        section)] section if the load capacity and safety 
        features of the bridge are adequate to serve the 
        intended use for the life of the bridge; except that in 
        the case of a bridge which is no longer used for 
        motorized vehicular traffic, the costs eligible as 
        reimbursable project costs pursuant to this subsection 
        shall not exceed 200 percent of the estimated cost of 
        demolition of such bridge.
            (4) Preservation.--Any State which proposes to 
        demolish a historic bridge for a replacement project 
        with funds made available to carry out this section 
        shall first make the bridge available for donation to a 
        State, locality, or responsible private entity if such 
        State, locality, or responsible entity enters into an 
        agreement to--
                    (A) maintain the bridge and the features 
                that give it its historic significance; and
                    (B) assume all future legal and financial 
                responsibility for the bridge, which may 
                include an agreement to hold the State highway 
                agency harmless in any liability action.
        Costs incurred by the State to preserve the historic 
        bridge, including funds made available to the State, 
        locality, or private entity to enable it to accept the 
        bridge, shall be eligible as reimbursable project costs 
        under this chapter up to an amount not to exceed 200 
        percent of the cost of demolition. Any bridge preserved 
        pursuant to this paragraph shall thereafter not be 
        eligible for any other funds authorized pursuant to 
        this [title] section.
            (5) Historic bridge defined.--As used in this 
        subsection, ``historic bridge'' means any bridge that 
        is listed on, or eligible for listing on, the National 
        Register of Historic Places.
    [(p)] (o) Applicability of State Standards for Projects.--A 
project not on a Federal-aid highway under this section shall 
be designed, constructed, operated, and maintained in 
accordance with State laws, regulations, directives, safety 
standards, design standards, and construction standards.
    [(q)] (p) As used in this section the term ``rehabilitate'' 
in any of its forms means major work necessary to restore the 
structural integrity of a bridge as well as work necessary to 
correct a major safety defect.
    (q) Federal Share.--The Federal share of the cost of a 
project payable from funds made available to carry out this 
section shall be the share applicable under section 120(b), as 
adjusted under subsection (d) of that section.

           *       *       *       *       *       *       *

[Sec. 147. Priority primary routes

    [(a) High traffic sections of highways on the Federal-aid 
primary system which connect to the Interstate System shall be 
selected by each State transportation department, in 
consultation with appropriate local officials, subject to 
approval by the Secretary, for priority of improvement to 
supplement the service provided by the Interstate System by 
furnishing needed adequate traffic collector and distributor 
facilities. For the purpose of this section such highways shall 
hereafter in this section be referred to as ``priority primary 
routes''.
    [(b) The Federal share of any project on a priority primary 
route shall be that provided in section 120(a) of this title. 
All provisions of this title applicable to the Federal-aid 
primary system shall be applicable to the priority primary 
routes selected under this section.
    [(c) The initial selection of the priority primary routes 
and the estimated cost of completing such routes shall be 
reported to Congress on or before July 1, 1974.
    [(d) There is authorized to be appropriated out of the 
Highway Trust Fund to carry out this section not to exceed 
$100,000,000 for the fiscal year ending June 30, 1974, 
$200,000,000 for the fiscal year ending June 30, 1975, and 
$300,000,000 for the fiscal year ending June 30, 1976.]

Sec. 147. Construction of ferry boats and ferry terminal facilities

    (a) In General.--The Secretary shall carry out a program 
for construction of ferry boats and ferry terminal facilities 
in accordance with section 129(c).
    (b) Federal Share.--The Federal share of the cost of 
construction of ferry boats and ferry terminals under this 
section shall be 80 percent.
    (c) Set Aside for Projects on National Highway System.--
Before any apportionment is made under section 104(b)(3), the 
Secretary shall set aside $20,000,000 for each of fiscal years 
2004 through 2009, for obligation by the Secretary, for--
            (1) the construction or refurbishment of ferry 
        boats and ferry terminal facilities;
            (2) the acquisition of zero- or low-emission ferry 
        boats, or projects that advance the ship-building 
        capacities of the United States through the 
        introduction of new technology; and
            (3) approaches to facilities described in paragraph 
        (1) located within marine highway systems that are part 
        of the National Highway System.
    (d) Funding.--There shall be made available to the 
Secretary to carry out this section, out of the Highway Trust 
Fund (other than the Mass Transit Account), for obligation at 
the discretion of the Secretary and to remain available until 
expended, $38,000,000 for the period of fiscal years 2004 
through 2009.

           *       *       *       *       *       *       *

[Sec. 148. Development of a national scenic and recreational highway

    [(a) As soon as possible after the date of enactment of 
this section, the Secretary shall establish criteria for the 
location and construction or reconstruction of the Great River 
Road by the ten States bordering the Mississippi River. Such 
criteria shall include requirements that--
            [(1) priority be given in the location of the Great 
        River Road near or easily accessible to the larger 
        population centers of the State and further priority be 
        given to the construction and improvement of the Great 
        River Road in the proximity of the confluence of the 
        Mississippi River and the Wisconsin River;
            [(2) the Great River Road be connected with other 
        Federal-aid highways and preferably with the Interstate 
        System;
            [(3) the Great River Road be marked with uniform 
        identifying signs;
            [(4) effective control, as defined in section 131 
        of this title, of signs, displays, and devices will be 
        provided along the Great River Road;
            [(5) the provisions of section 129(a) of this title 
        shall not apply to any bridge or tunnel on the Great 
        River Road and no fees shall be charged for the use of 
        any facility constructed with assistance under this 
        section, except for parks, recreational areas, and 
        historical sites operated by State or local governments 
        where admission fees may be charged to cover 
        operational costs.
    [(b) For the purpose of this section, the term 
``construction'' includes the acquisition of areas of 
historical, archeological, or scientific interest, necessary 
easements for scenic purposes, and the construction or 
reconstruction of roadside rest areas (including appropriate 
recreational facilities), scenic viewing areas, and other 
appropriate facilities as determined by the Secretary.
    [(c) Highways constructed or reconstructed pursuant to this 
section (except subsection (f)) shall be part of the Federal-
aid system.
    [(d) Funds appropriated for each fiscal year pursuant to 
subsection (g) shall be apportioned among the ten States 
bordering the Mississippi River on the basis of their relative 
needs as determined by the Secretary for payments to carry out 
this section.
    [(e) The Federal share of the cost of any project for any 
construction or reconstruction pursuant to the preceding 
subsections of this section shall be that provided in section 
120 of this title for the Federal-aid system on which such 
project is located, and if such project is not on such a 
system, such share shall be 75 per centum of such cost.
    [(f) The Secretary is authorized to consult with the heads 
of other Federal departments and agencies having jurisdiction 
over Federal lands open to the public in order to enter 
appropriate arrangements for necessary construction or 
reconstruction of highways on such lands to carry out this 
section. Highways constructed or reconstructed by a State 
pursuant to this section which are not on a Federal-aid system, 
and highways constructed or reconstructed under this 
subsection, shall be subject to the criteria applicable to 
highways constructed or reconstructed pursuant to subsection 
(c) of this section. Funds authorized pursuant to subsection 
(g) shall be used to pay the entire cost of construction or 
reconstruction pursuant to the first sentence of this 
subsection.
    [(g) There is authorized to be appropriated to carry out 
this section, out of the Highway Trust Fund, for construction 
or reconstruction of roads on a Federal-aid highway system, not 
to exceed $10,000,000 for the fiscal year ending June 30, 1974, 
$25,000,000 for the fiscal year ending June 30, 1975, and 
$25,000,000 for the fiscal year ending June 30, 1976, for 
allocations to the States pursuant to this section, and there 
is authorized to be appropriated to carry out this section out 
of any money in the Treasury not otherwise appropriated, not to 
exceed $10,000,000 for each of the fiscal years ending June 30, 
1974, June 30, 1975, and June 30, 1976, for construction and 
reconstruction of roads not on a Federal-aid highway system.
    [(h) The Secretary is authorized to provide for the 
construction of such spur highways as he determines necessary 
to connect the Great River Road, by the most direct feasible 
routes, with existing bridges across the Mississippi for the 
purpose of providing persons traveling such road with access to 
significant scenic, historical, recreational, or archeological 
features on the opposite side of the Mississippi River from the 
Great River Road.]

Sec. 148. Highway safety improvement program

    (a) Definitions.--In this section:
            (1) Highway safety improvement program.--The term 
        ``highway safety improvement program'' means the 
        program carried out under this section.
            (2) Highway safety improvement project.--
                    (A) In general.--The term ``highway safety 
                improvement project'' means a project described 
                in the State strategic highway safety plan 
                that--
                            (i) corrects or improves a 
                        hazardous road location or feature; or
                            (ii) addresses a highway safety 
                        problem.
                    (B) Inclusions.--The term ``highway safety 
                improvement project'' includes a project for--
                            (i) an intersection safety 
                        improvement;
                            (ii) pavement and shoulder widening 
                        (including addition of a passing lane 
                        to remedy an unsafe condition);
                            (iii) installation of rumble strips 
                        or another warning device, if the 
                        rumble strips or other warning devices 
                        do not adversely affect the safety or 
                        mobility of bicyclists and pedestrians;
                            (iv) installation of a skid-
                        resistant surface at an intersection or 
                        other location with a high frequency of 
                        accidents;
                            (v) an improvement for pedestrian 
                        or bicyclist safety;
                            (vi)(I) construction of any project 
                        for the elimination of hazards at a 
                        railway-highway crossing that is 
                        eligible for funding under section 130, 
                        including the separation or protection 
                        of grades at railway-highway crossings;
                            (II) construction of a railway-
                        highway crossing safety feature; or
                            (III) the conduct of a model 
                        traffic enforcement activity at a 
                        railway-highway crossing;
                            (vii) construction of a traffic 
                        calming feature;
                            (viii) elimination of a roadside 
                        obstacle;
                            (ix) improvement of highway signage 
                        and pavement markings;
                            (x) installation of a priority 
                        control system for emergency vehicles 
                        at signalized intersections;
                            (xi) installation of a traffic 
                        control or other warning device at a 
                        location with high accident potential;
                            (xii) safety-conscious planning;
                            (xiii) improvement in the 
                        collection and analysis of crash data;
                            (xiv) planning, equipment, 
                        operational activities, or traffic 
                        enforcement activities (including 
                        police assistance) relating to workzone 
                        safety;
                            (xv) installation of guardrails, 
                        barriers (including barriers between 
                        construction work zones and traffic 
                        lanes for the safety of motorists and 
                        workers), and crash attenuators;
                            (xvi) the addition or retrofitting 
                        of structures or other measures to 
                        eliminate or reduce accidents involving 
                        vehicles and wildlife; or
                            (xvii) installation and maintenance 
                        of signs (including fluorescent, 
                        yellow-green signs) at pedestrian-
                        bicycle crossings and in school zones.
            (3) Safety project under any other section.--
                    (A) In general.--The term ``safety project 
                under any other section'' means a project 
                carried out for the purpose of safety under any 
                other section of this title.
                    (B) Inclusion.--The term ``safety project 
                under any other section'' includes a project 
                to--
                            (i) promote the awareness of the 
                        public and educate the public 
                        concerning highway safety matters; or
                            (ii) enforce highway safety laws.
            (4) State highway safety improvement program.--The 
        term ``State highway safety improvement program'' means 
        projects or strategies included in the State strategic 
        highway safety plan carried out as part of the State 
        transportation improvement program under section 
        135(f).
            (5) State strategic highway safety plan.--The term 
        ``State strategic highway safety plan'' means a plan 
        developed by the State transportation department that--
                    (A) is developed after consultation with--
                            (i) a highway safety representative 
                        of the Governor of the State;
                            (ii) regional transportation 
                        planning organizations, if any;
                            (iii) representatives of major 
                        modes of transportation;
                            (iv) local traffic enforcement 
                        officials;
                            (v) persons responsible for 
                        administering section 130 at the State 
                        level;
                            (vi) representatives conducting 
                        Operation Lifesaver;
                            (vii) representatives conducting a 
                        motor carrier safety program under 
                        section 31104 or 31107 of title 49;
                            (viii) motor vehicle administration 
                        agencies; and
                            (ix) other major State and local 
                        safety stakeholders;
                    (B) analyzes and makes effective use of 
                State, regional, or local crash data;
                    (C) addresses engineering, management, 
                operation, education, enforcement, and 
                emergency services elements of highway safety 
                as key factors in evaluating highway projects;
                    (D) considers safety needs of, and high-
                fatality segments of, public roads;
                    (E) considers the results of State, 
                regional, or local transportation and highway 
                safety planning processes in existence as of 
                the date of enactment of this section;
                    (F) describes a program of projects or 
                strategies to reduce or eliminate safety 
                hazards;
                    (G) is approved by the Governor of the 
                State or a responsible State agency; and
                    (H) is consistent with the requirements of 
                section 135(f).
    (b) Program.--
            (1) In general.--The Secretary shall carry out a 
        highway safety improvement program.
            (2) Purpose.--The purpose of the highway safety 
        improvement program shall be to achieve a significant 
        reduction in traffic fatalities and serious injuries on 
        public roads.
    (c) Eligibility.--
            (1) In general.--To receive funds under this 
        section, a State shall have in effect a State highway 
        safety improvement program under which the State--
                    (A) develops and implements a State 
                strategic highway safety plan that identifies 
                and analyzes highway safety problems and 
                opportunities as provided in paragraph (2);
                    (B) produces a program of projects or 
                strategies to reduce identified safety 
                problems; and
                    (C) evaluates the plan on a regular basis 
                to ensure the accuracy of the data and priority 
                of proposed improvements.
            (2) Identification and analysis of highway safety 
        problems and opportunities.--As part of the State 
        strategic highway safety plan, a State shall--
                    (A) have in place a crash data system with 
                the ability to perform safety problem 
                identification and countermeasure analysis;
                    (B) based on the analysis required by 
                subparagraph (A), identify hazardous locations, 
                sections, and elements (including roadside 
                obstacles, railway-highway crossing needs, and 
                unmarked or poorly marked roads) that 
                constitute a danger to motorists, bicyclists, 
                pedestrians, and other highway users;
                    (C) adopt strategic and performance-based 
                goals that--
                            (i) address traffic safety, 
                        including behavioral and infrastructure 
                        problems and opportunities on all 
                        public roads;
                            (ii) focus resources on areas of 
                        greatest need; and
                            (iii) are coordinated with other 
                        State highway safety programs;
                    (D) advance the capabilities of the State 
                for traffic records data collection, analysis, 
                and integration with other sources of safety 
                data (such as road inventories) in a manner 
                that--
                            (i) complements the State highway 
                        safety program under chapter 4 and the 
                        commercial vehicle safety plan under 
                        section 31102 of title 49;
                            (ii) includes all public roads; and
                            (iii) identifies hazardous 
                        locations, sections, and elements on 
                        public roads that constitute a danger 
                        to motorists, bicyclists, and 
                        pedestrians;
                    (E)(i) determine priorities for the 
                correction of hazardous road locations, 
                sections, and elements (including railway-
                highway crossing improvements), as identified 
                through crash data analysis;
                    (ii) identify opportunities for preventing 
                the development of such hazardous conditions; 
                and
                    (iii) establish and implement a schedule of 
                highway safety improvement projects for hazard 
                correction and hazard prevention; and
                    (F)(i) establish an evaluation process to 
                analyze and assess results achieved by highway 
                safety improvement projects carried out in 
                accordance with procedures and criteria 
                established by this section; and
                    (ii) use the information obtained under 
                clause (i) in setting priorities for highway 
                safety improvement projects.
    (d) Eligible Projects.--
            (1) In general.--A State may obligate funds 
        apportioned to the State under this section to carry 
        out--
                    (A) any highway safety improvement project 
                on any public road or publicly owned bicycle or 
                pedestrian pathway or trail; or
                    (B) as provided in subsection (e), for 
                other safety projects.
            (2) Use of other funding for safety.--
                    (A) Effect of section.--Nothing in this 
                section prohibits the use of funds made 
                available under other provisions of this title 
                for highway safety improvement projects.
                    (B) Use of other funds.--States are 
                encouraged to address the full scope of their 
                safety needs and opportunities by using funds 
                made available under other provisions of this 
                title (except a provision that specifically 
                prohibits that use).
    (e) Flexible Funding for States With a Strategic Highway 
Safety Plan.--
            (1) In general.--To further the implementation of a 
        State strategic highway safety plan, a State may use up 
        to 25 percent of the amount of funds made available 
        under this section for a fiscal year to carry out 
        safety projects under any other section as provided in 
        the State strategic highway safety plan.
            (2) Other transportation and highway safety 
        plans.--Nothing in this subsection requires a State to 
        revise any State process, plan, or program in effect on 
        the date of enactment of this section.
    (f) Reports.--
            (1) In general.--A State shall submit to the 
        Secretary a report that--
                    (A) describes progress being made to 
                implement highway safety improvement projects 
                under this section;
                    (B) assesses the effectiveness of those 
                improvements; and
                    (C) describes the extent to which the 
                improvements funded under this section 
                contribute to the goals of--
                            (i) reducing the number of 
                        fatalities on roadways;
                            (ii) reducing the number of 
                        roadway-related injuries;
                            (iii) reducing the occurrences of 
                        roadway-related accidents;
                            (iv) mitigating the consequences of 
                        roadway-related accidents; and
                            (v) reducing the occurrences of 
                        roadway-railroad grade crossing 
                        accidents.
            (2) Contents; schedule.--The Secretary shall 
        establish the content and schedule for a report under 
        paragraph (1).
    (g) Federal Share of Highway Safety Improvement Projects.--
The Federal share of the cost of a highway safety improvement 
project carried out with funds made available under this 
section shall be 90 percent.

           *       *       *       *       *       *       *

Sec. 149. Congestion mitigation and air quality improvement program

    (a) Establishment.--The Secretary shall establish and 
implement a congestion mitigation and air quality improvement 
program in accordance with this section.
    (b) Eligible Projects.--Except as provided in subsection 
(c), a State may obligate funds apportioned to it under section 
104(b)(2) for the congestion mitigation and air quality 
improvement program only for a transportation project or 
program if the project or program is for an area in the State 
that is or was designated as a nonattainment area for ozone, 
carbon monoxide, or particulate matter under section 107(d) of 
the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant 
to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air 
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or 
was designated as a nonattainment area under such section 
107(d) after December 31, 1997, and--
            (1)(A) if the Secretary, after consultation with 
        the Administrator of the Environmental Protection 
        Agency, determines, on the basis of information 
        published by the Environmental Protection Agency 
        pursuant to section 108(f)(1)(A) of the Clean Air Act 
        (other than clause (xvi) of such section), that the 
        project or program is likely to contribute to--
                            (i) the attainment of a national 
                        ambient air quality standard; or
                            (ii) the maintenance of a national 
                        ambient air quality standard in a 
                        maintenance area; or
            (B) in any case in which such information is not 
        available, if the Secretary, after such consultation, 
        determines that the project or program is part of a 
        program, method, or strategy described in such section;
            (2) if the project or program is included in a 
        State implementation plan that has been approved 
        pursuant to the Clean Air Act and the project will have 
        air quality benefits;
            (3) the Secretary, after consultation with the 
        Administrator of the Environmental Protection Agency, 
        determines that the project or program is likely to 
        contribute to the attainment of a national ambient air 
        quality standard, whether through reductions in vehicle 
        miles traveled, fuel consumption, or through other 
        factors;
            (4) to establish or operate a traffic monitoring, 
        management, and control facility or program if the 
        Secretary, after consultation with the Administrator of 
        the Environmental Protection Agency, determines that 
        the facility or program is likely to contribute to the 
        attainment of a national ambient air quality standard; 
        [or]
            (5) if the program or project improves traffic 
        flow, including projects to improve signalization, 
        construct high occupancy vehicle lanes, improve 
        intersections, improve transportation systems 
        management and operations, and implement intelligent 
        transportation system strategies and such other 
        projects that are eligible for assistance under this 
        section on the day before the date of enactment of this 
        paragraph[.] or
            (6) if the project or program is for the purchase 
        of alternative fuel (as defined in section 301 of the 
        Energy Policy Act of 1992 (42 U.S.C. 13211)) or 
        biodiesel.
No funds may be provided under this section for a project which 
will result in the construction of new capacity available to 
single occupant vehicles unless the project consists of a high 
occupancy vehicle facility available to single occupant 
vehicles only at other than peak travel times. In areas of a 
State which are nonattainment for ozone or carbon monoxide, or 
both, and for PM-10 resulting from transportation activities, 
the State may obligate such funds for any project or program 
under paragraph (1) or (2) without regard to any limitation of 
the Department of Transportation relating to the type of 
ambient air quality standard such project or program addresses.
    (c) States Receiving Minimum Apportionment.--
            (1) States without a nonattainment area.--If a 
        State does not have, and never has had, a nonattainment 
        area designated under the Clean Air Act (42 U.S.C. 7401 
        et seq.), the State may use funds apportioned to the 
        State under section 104(b)(2) [for any project eligible 
        under the surface transportation program under section 
        133] for any project in the State that--
                    (A) would otherwise be eligible under this 
                section as if the project were carried out in a 
                nonattainment or maintenance area; or
                    (B) is eligible under the surface 
                transportation program under section 133.
            (2) States with a nonattainment area.--If a State 
        has a nonattainment area or maintenance area and 
        receives funds under section 104(b)(2)(D) above the 
        amount of funds that the State would have received 
        based on its nonattainment and maintenance area 
        population under subparagraphs (B) and (C) of section 
        104(b)(2), the State may use that portion of the funds 
        not based on its nonattainment and maintenance area 
        population under subparagraphs (B) and (C) of section 
        104(b)(2) [for any project in the State eligible under 
        section 133] for any project in the State that--
                    (A) would otherwise be eligible under this 
                section as if the project were carried out in a 
                nonattainment or maintenance area; or
                    (B) is eligible under the surface 
                transportation program under section 133..

           *       *       *       *       *       *       *

    (g) Interagency Consultation.--The Secretary shall 
encourage States and metropolitan planning organizations to 
consult with State and local air quality agencies in 
nonattainment and maintenance areas on the estimated emission 
reductions from proposed congestion mitigation and air quality 
improvement programs and projects.
    (h) Evaluation and Assessment of Projects.--
            (1) In general.--The Secretary, in consultation 
        with the Administrator of the Environmental Protection 
        Agency, shall evaluate and assess a representative 
        sample of projects funded under the congestion 
        mitigation and air quality program to--
                    (A) determine the direct and indirect 
                impact of the projects on air quality and 
                congestion levels; and
                    (B) ensure the effective implementation of 
                the program.
            (2) Database.--Using appropriate assessments of 
        projects funded under the congestion mitigation and air 
        quality program and results from other research, the 
        Secretary shall maintain and disseminate a cumulative 
        database describing the impacts of the projects.
            (3) Consideration.--The Secretary, in consultation 
        with the Administrator of the Environmental Protection 
        Agency, shall consider the recommendations and findings 
        of the report submitted to Congress under section 
        1110(e) of the Transportation Equity Act for the 21st 
        Century (112 Stat. 144), including recommendations and 
        findings that would improve the operation and 
        evaluation of the congestion mitigation and air quality 
        improvement program under section 149.

           *       *       *       *       *       *       *

Sec. 150. Safe routes to schools program

    (a) Definitions.--In this section:
            (1) Primary and secondary school.--The term 
        ``primary and secondary school'' means a school that 
        provides education to children in any of grades 
        kindergarten through 12.
            (2) Program.--The term ``program'' means the safe 
        routes to schools program established under subsection 
        (b).
            (3) Vicinity of a school.--The term ``vicinity of a 
        school'' means the area within 2 miles of a primary or 
        secondary school.
    (b) Establishment.--The Secretary shall establish and carry 
out a safe routes to school program for the benefit of children 
in primary and secondary schools in accordance with this 
section.
    (c) Purposes.--The purposes of the program shall be--
            (1) to enable and to encourage children to walk and 
        bicycle to school;
            (2) to encourage a healthy and active lifestyle by 
        making walking and bicycling to school safer and more 
        appealing transportation alternatives; and
            (3) to facilitate the planning, development, and 
        implementation of projects and activities that will 
        improve safety in the vicinity of schools.
    (d) Eligible Recipients.--A State shall use amounts 
apportioned under this section to provide financial assistance 
to State, regional, and local agencies that demonstrate an 
ability to meet the requirements of this section.
    (e) Eligible Projects and Activities.--
            (1) Infrastructure-related projects.--
                    (A) In general.--Amounts apportioned to a 
                State under this section may be used for the 
                planning, design, and construction of 
                infrastructure-related projects to encourage 
                walking and bicycling to school, including--
                            (i) sidewalk improvements;
                            (ii) traffic calming and speed 
                        reduction improvements;
                            (iii) pedestrian and bicycle 
                        crossing improvements;
                            (iv) on-street bicycle facilities;
                            (v) off-street bicycle and 
                        pedestrian facilities;
                            (vi) secure bicycle parking 
                        facilities;
                            (vii) traffic signal improvements; 
                        and
                            (viii) pedestrian-railroad grade 
                        crossing improvements.
                    (B) Location of projects.--Infrastructure-
                related projects under subparagraph (A) may be 
                carried out on--
                            (i) any public road in the vicinity 
                        of a school; or
                            (ii) any bicycle or pedestrian 
                        pathway or trail in the vicinity of a 
                        school.
            (2) Behavioral activities.--
                    (A) In general.--In addition to projects 
                described in paragraph (1), amounts apportioned 
                to a State under this section may be used for 
                behavioral activities to encourage walking and 
                bicycling to school, including--
                            (i) public awareness campaigns and 
                        outreach to press and community 
                        leaders;
                            (ii) traffic education and 
                        enforcement in the vicinity of schools; 
                        and
                            (iii) student sessions on bicycle 
                        and pedestrian safety, health, and 
                        environment.
                    (B) Allocation.--Of the amounts apportioned 
                to a State under this section for a fiscal 
                year, not less than 10 percent shall be used 
                for behavioral activities under this paragraph.
    (f) Funding.--
            (1) Set aside.--Before apportioning amounts to 
        carry out section 148 for a fiscal year, the Secretary 
        shall set aside and use $70,000,000 to carry out this 
        section.
            (2) Apportionment.--Amounts made available to carry 
        out this section shall be apportioned to States in 
        accordance with section 104(b)(5).
            (3) Administration of amounts.--Amounts apportioned 
        to a State under this section shall be administered by 
        the State transportation department.
            (4) Federal share.--The Federal share of the cost 
        of a project or activity funded under this section 
        shall be 90 percent.
            (5) Period of Availability.--Notwithstanding 
        section 118(b)(2), amounts apportioned under this 
        section shall remain available until expended.

           *       *       *       *       *       *       *

[Sec. 152. Hazard elimination program

    [(a) In General.--
            [(1) Program.--Each State shall conduct and 
        systematically maintain an engineering survey of all 
        public roads to identify hazardous locations, sections, 
        and elements, including roadside obstacles and unmarked 
        or poorly marked roads, which may constitute a danger 
        to motorists, bicyclists, and pedestrians, assign 
        priorities for the correction of such locations, 
        sections, and elements, and establish and implement a 
        schedule of projects for their improvement.
            [(2) Hazards.--In carrying out paragraph (1), a 
        State may, at its discretion--
                    [(A) identify, through a survey, hazards to 
                motorists, bicyclists, pedestrians, and users 
                of highway facilities; and
                    [(B) develop and implement projects and 
                programs to address the hazards.
    [(b) The Secretary may approve as a project under this 
section any safety improvement project, including a project 
described in subsection (a).
    [(c) Funds authorized to carry out this section shall be 
available for expenditure on--
            [(1) any public road;
            [(2) any public surface transportation facility or 
        any publicly owned bicycle or pedestrian pathway or 
        trail; or
            [(3) any traffic calming measure.
    [(d) The Federal share payable on account of any project 
under this section shall be 90 percent of the cost thereof.
    [(e) Funds authorized to be appropriated to carry out this 
section shall be available for obligation in the same manner 
and to the same extent as if such funds were apportioned under 
section 104(b), except that the Secretary is authorized to 
waive provisions he deems inconsistent with the purposes of 
this section.
    [(f) Each State shall establish an evaluation process 
approved by the Secretary, to analyze and assess results 
achieved by safety improvement projects carried out in 
accordance with procedures and criteria established by this 
section. Such evaluation process shall develop cost-benefit 
data for various types of corrections and treatments which 
shall be used in setting priorities for safety improvement 
projects.
    [(g) Each State shall report to the Secretary of 
Transportation not later than December 30 of each year, on the 
progress being made to implement safety improvement projects 
for hazard elimination and the effectiveness of such 
improvements. Each State report shall contain an assessment of 
the cost of, and safety benefits derived from, the various 
means and methods used to mitigate or eliminate hazards and the 
previous and subsequent accident experience at these locations. 
The Secretary of Transportation shall submit a report to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives not later than April 1 of each year on the 
progress being made by the States in implementing the hazard 
elimination program (including but not limited to any projects 
for pavement marking). The report shall include, but not be 
limited to, the number of projects undertaken, their 
distribution by cost range, road system, means and methods 
used, and the previous and subsequent accident experience at 
improved locations. In addition, the Secretary's report shall 
analyze and evaluate each State program, identify any State 
found not to be in compliance with the schedule of improvements 
required by subsection (a) and include recommendations for 
future implementation of the hazard elimination program.
    [(h) For the purposes of this section the term ``State'' 
shall have the meaning given it in section 401 of this title.]

Sec. 152. Purchases of equipment

    (a) In General.--Subject to subsection (b), a State or 
other entity carrying out a project under this chapter shall 
purchase device, tool or other equipment needed for the project 
only after completing and providing a written analysis 
demonstrating the cost savings associated with purchasing the 
equipment compared with renting the equipment from a qualified 
equipment rental provider before the project commences
    (b) Applicability.--This section shall apply to--
            (1) earth moving, road machinery, and material 
        handling equipment, or any other item, with a purchase 
        price in excess of $75,000; and
            (2) aerial work platforms with a purchase price in 
        excess of $25,000.

           *       *       *       *       *       *       *

Sec. 154. Open container requirements

    (a) Definitions.-- * * *

           *       *       *       *       *       *       *

    (c) Transfer of Funds.--
            (1) * * *

           *       *       *       *       *       *       *

            (3) Use for hazard elimination program.--A State 
        may elect to use all or a portion of the funds 
        transferred under paragraph (1) or (2) for activities 
        eligible under section [152] 148.

           *       *       *       *       *       *       *

[Sec. 155. Access highways to public recreation areas on certain lakes

    [(a) The Secretary is authorized to construct or 
reconstruct access highways to public recreation areas on lakes 
in order to accommodate present and projected traffic density. 
The Secretary shall develop guidelines and standards for the 
designation of routes and the allocation of funds for the 
purpose of this section which shall include the following 
criteria:
            [(1) No portion of any access highway constructed 
        or reconstructed under this section shall exceed 
        thirty-five miles in length nor shall any portion of 
        such highway be located more than thirty-five miles 
        from the nearest part of such recreation area.
            [(2) Routes shall be designated by the Secretary on 
        the recommendation of the State and responsible local 
        officials, after consultation with the head of the 
        Federal agency (if any) having jurisdiction over the 
        public recreation area involved.
    [(b) The Federal share payable on account of any project 
authorized pursuant to this section shall not exceed 75 per 
centum of the cost of construction or reconstruction of such 
project.
    [(c) All of the provisions of this title applicable to 
highways on the Federal-aid system (other than the Interstate 
System) determined appropriate by the Secretary, except those 
provisions which the Secretary determines are inconsistent with 
this section, shall apply to any highway designated under this 
section, which is not a part of the Federal-aid system when so 
designated.
    [(d) For the purpose of this section the term ``lake'' 
means any lake, reservoir, pool, or other body of water 
resulting from the construction of any lock, dam, or similar 
structure by the Corps of Engineers, Department of the Army, or 
the Bureau of Reclamation, Department of the Interior, or the 
Tennessee Valley Authority, and any multipurpose lake resulting 
from construction assistance of the Soil Conservation Service, 
Department of Agriculture. This section shall apply to lakes 
heretofore or hereafter constructed or authorized for 
construction.
    [(e) There is authorized to be appropriated not to exceed 
$25,000,000 for the fiscal year 1976 to carry out this section. 
Amounts authorized by this subsection for a fiscal year shall 
be available for that fiscal year and for the two succeeding 
fiscal years.]

Sec. 155. State habitat, streams, and wetlands mitigation funds

    (a) Establishment.--A State should establish a habitat, 
streams, and wetlands mitigation fund (referred to in this 
section as a ``State fund'').
    (b) Purpose.--The purpose of a State fund is to encourage 
efforts for habitat, streams, and wetlands mitigation in 
advance of or in conjunction with highway projects to--
            (1) ensure that the best habitat, streams, and 
        wetland mitigation sites now available are used; and
            (2) accelerate transportation project delivery by 
        making high-quality habitat, streams, and wetland 
        mitigation credits available when needed.
    (c) Funds.--A State may deposit into a State fund part of 
the funds apportioned to the State under--
            (1) section 104(b)(1) for the National Highway 
        System; and
            (2) section 104(b)(3) for the surface 
        transportation program.
    (d) Use.--
            (1) In general.--Amounts deposited in a State fund 
        shall be used (in a manner consistent with this 
        section) for habitat, streams, or wetlands mitigation 
        related to 1 or more projects funded under this title, 
        including a project under the transportation 
        improvement program of the State developed under 
        section 135(f).
            (2) Endangered species.--In carrying out this 
        section, a State and cooperating agency shall give 
        consideration to mitigation projects, on-site or off-
        site, that restore and preserve the best available 
        sites to conserve biodiversity and habitat for--
                    (A) Federal or State listed threatened or 
                endangered species of plants and animals; and
                    (B) plant or animal species warranting 
                listing as threatened or endangered, as 
                determined by the Secretary of the Interior in 
                accordance with section 4(b)(3)(B) of the 
                Endangered Species Act of 1973 (16 U.S.C. 
                1533(b)(3)(B)).
    (e) Consistency With Applicable Requirements.--
Contributions from the State fund to mitigation efforts may 
occur in advance of project construction only if the efforts 
are consistent with all applicable requirements of Federal law 
(including regulations).

           *       *       *       *       *       *       *

Sec. 162. National scenic byways program

    (a) Designation of Roads.--
            (1) In general.--The Secretary shall carry out a 
        national scenic byways program that recognizes roads 
        having outstanding scenic, historic, cultural, natural, 
        recreational, and archaeological qualities by 
        designating the [roads as National Scenic Byways or 
        All-American Roads.] designated as--
                    (A) National Scenic Byways;
                    (B) All-American Roads; or
                    (C) America's Byways.
            (2) Criteria.--The Secretary shall designate roads 
        to be recognized under the national scenic byways 
        program in accordance with criteria developed by the 
        Secretary.
            (3) Nomination.--To be considered for the 
        designation, a road must be nominated by a State or a 
        Federal land management agency and must first be 
        designated as a State scenic byway or, in the case of a 
        road on Federal land, as a Federal land management 
        agency byway.
    (b) Grants and Technical Assistance.--
            (1) In general.--The Secretary shall make grants 
        and provide technical assistance to States to--
                    (A) implement projects on highways 
                [designated as National Scenic Byways or All-
                American Roads, or as State scenic byways; and] 
                designated as--
                            (i) National Scenic Byways;
                            (ii) All-American Roads; or
                            (iii) America's Byways; and
                    (B) plan, design, and develop a State 
                scenic byway program.
            (2) Priorities.--In making grants, the Secretary 
        shall give priority to--
                    (A) each eligible project that is 
                associated with a highway that has been 
                designated as a National Scenic [Byway or All-
                American Road] Byway, All-American Road, or 1 
                of America's Byways and that is consistent with 
                the corridor management plan for the byway;
                    (B) each eligible project along a State-
                designated scenic byway that is consistent with 
                the corridor management plan for the byway, or 
                is intended to foster the development of such a 
                plan, and is carried out to make the byway 
                eligible for [designation as a National Scenic 
                Byway or All-American Road; and] designation 
                as--
                            (i) a National Scenic Byway;
                            (ii) an All-American Road; or
                            (iii) 1 of America's Byways; and
                    (C) each eligible project that is 
                associated with the development of a State 
                scenic byway program.
    (c) Eligible Projects.--The following are projects that are 
eligible for Federal assistance under this section:
            (1) An activity related to the planning, design, or 
        development of a State scenic byway program.
            (2) Development and implementation of a corridor 
        management plan to maintain the scenic, historical, 
        recreational, cultural, natural, and archaeological 
        characteristics of a byway corridor while providing for 
        accommodation of increased tourism and development of 
        related amenities.
            (3) Safety improvements to a State scenic byway, 
        National Scenic Byway, or All-American Road to the 
        extent that the improvements are necessary to 
        accommodate increased traffic and changes in the types 
        of vehicles using the highway as a result of the 
        designation as a State scenic byway, National Scenic 
        Byway, or All-American Road.
            (4) Construction along a scenic byway of a facility 
        for pedestrians and bicyclists, rest area, turnout, 
        highway shoulder improvement, [passing lane,] overlook, 
        or interpretive facility.
            (5) An improvement to a scenic byway that will 
        enhance access to an area for the purpose of 
        recreation, including water-related recreation.
            (6) Protection of scenic, historical, recreational, 
        cultural, natural, and archaeological resources in an 
        area adjacent to a scenic byway.
            (7) Development and provision of tourist 
        information to the public, including interpretive 
        information about a scenic byway.
            (8) Development and implementation of a scenic 
        byway marketing program.
    (d) Research, Technical Assistance, Marketing, and 
Promotion.--
            (1) In general.--The Secretary may carry out 
        technical assistance, marketing, market research, and 
        promotion with respect to State Scenic Byways, National 
        Scenic Byways, All-American Roads, and America's 
        Byways.
            (2) Cooperation, grants, and contracts.--The 
        Secretary may make grants to, or enter into contracts, 
        cooperative agreements, and other transactions with, 
        any Federal agency, State agency, authority, 
        association, institution, for-profit or nonprofit 
        corporation, organization, or person, to carry out 
        projects and activities under this subsection.
            (3) Funds.--The Secretary may use not more than 
        $2,000,000 for each fiscal year of funds made available 
        for the National Scenic Byways Program to carry out 
        projects and activities under this subsection.
            (4) Priority.--The Secretary shall give priority 
        under this subsection to partnerships that leverage 
        Federal funds for research, technical assistance, 
        marketing and promotion.''; and
            (3) in subsection (g) (as redesignated by paragraph 
        (1)), by striking ``80 percent'' and inserting ``the 
        share applicable under section 120(b), as adjusted 
        under subsection (d) of that section.
    [(d)] (e) Limitation.--The Secretary shall not make a grant 
under this section for any project that would not protect the 
scenic, historical, recreational, cultural, natural, and 
archaeological integrity of a highway and adjacent areas.
    [(e)] (f) Savings Clause.--The Secretary shall not withhold 
any grant or impose any requirement on a State as a condition 
of providing a grant or technical assistance for any scenic 
byway unless the requirement is consistent with the authority 
provided in this chapter.
    [(f)] (g) Federal Share.--The Federal share of the cost of 
carrying out a project under this section shall be 80 percent, 
except that, in the case of any scenic byway project along a 
public road that provides access to or within Federal or Indian 
land, a Federal land management agency may use funds authorized 
for use by the agency as the non-Federal share.

           *       *       *       *       *       *       *

Sec. 164. Minimum penalties for repeat offenders for driving while 
                    intoxicated or driving under the influence

    (a) Definitions.--In this section, the following 
definitions apply:
            (1) Alcohol concentration.--The term ``alcohol 
        concentration'' means grams of alcohol per 100 
        milliliters of blood or grams of alcohol per 210 liters 
        of breath.
            (2) Driving while intoxicated; driving under the 
        influence.--The terms ``driving while intoxicated'' and 
        ``driving under the influence'' mean driving or being 
        in actual physical control of a motor vehicle while 
        having an alcohol concentration above the permitted 
        limit as established by each State.
            [(3) License suspension.--The term ``license 
        suspension'' means the suspension of all driving 
        privileges.]
            (3) License suspension.--The term ``license 
        suspension'' means--
                    (A) the suspension of all driving 
                privileges of an individual for the duration of 
                the suspension period; or
                    (B) a combination of suspension of all 
                driving privileges of an individual for the 
                first 90 days of the suspension period, 
                followed by reinstatement of limited driving 
                privileges requiring the individual to operate 
                only motor vehicles equipped with an ignition 
                interlock system or other device approved by 
                the Secretary during the remainder of the 
                suspension period.
            (4) Motor vehicle.--The term ``motor vehicle'' 
        means a vehicle driven or drawn by mechanical power and 
        manufactured primarily for use on public highways, but 
        does not include a vehicle operated solely on a rail 
        line or a commercial vehicle.
            (5) Repeat intoxicated driver law.--The term 
        ``repeat intoxicated driver law'' means a State law 
        that provides, as a minimum penalty, that an individual 
        convicted of a second or subsequent offense for driving 
        while intoxicated or driving under the influence after 
        a previous conviction for that offense shall--
                    (A) receive a driver's license suspension 
                for not less than 1 year;
                    (B) be subject to the impoundment or 
                immobilization of each of the individual's 
                motor vehicles or the installation of an 
                ignition interlock system on each of the motor 
                vehicles;
                    (C) receive an assessment of the 
                individual's degree of abuse of alcohol and 
                treatment as appropriate; and
                    (D) receive--
                            (i) in the case of the second 
                        offense--
                                    (I) an assignment of not 
                                less than 30 days of community 
                                service; or
                                    (II) not less than 5 days 
                                of imprisonment; and
                            (ii) in the case of the third or 
                        subsequent offense--
                                    (I) an assignment of not 
                                less than 60 days of community 
                                service; or
                                    (II) not less than 10 days 
                                of imprisonment.
    (b) Transfer of Funds.--
            (1) * * *

           *       *       *       *       *       *       *

            (3) Use for hazard elimination program.--A State 
        may elect to use all or a portion of the funds 
        transferred under paragraph (1) or (2) for activities 
        eligible under section [152] 148.

           *       *       *       *       *       *       *

Sec. 165. Eligibility for environmental restoration and pollution 
                    abatement

    (a) In General.--Subject to subsection (b), environmental 
restoration and pollution abatement to minimize or mitigate the 
impacts of any transportation project funded under this title 
(including retrofitting and construction of storm water 
treatment systems to meet Federal and State requirements under 
sections 401 and 402 of the Federal Water Pollution Control Act 
(33 U.S.C. 1341, 1342)) may be carried out to address water 
pollution or environmental degradation caused wholly or 
partially by a transportation facility.
    (b) Maximum Expenditure.--In a case in which a 
transportation facility is undergoing reconstruction, 
rehabilitation, resurfacing, or restoration, the expenditure of 
funds under this section for environmental restoration or 
pollution abatement described in subsection (a) shall not 
exceed 20 percent of the total cost of the reconstruction, 
rehabilitation, resurfacing, or restoration of the facility.

Sec. 166. Control of invasive plant species and establishment of native 
                    species

    (a) Definitions.--In this section:
            (1) Invasive plant species--The term ``invasive 
        plant species'' means a nonindigenous species the 
        introduction of which causes or is likely to cause 
        economic or environmental harm or harm to human health.
            (2) Native plant species.--The term ``native plant 
        species'' means, with respect to a particular 
        ecosystem, a species that, other than as result of an 
        introduction, historically occurred or currently occurs 
        in that ecosystem.
    (b) Control of Species.--
            (1) In general.--In accordance with all applicable 
        Federal law (including regulations), funds made 
        available to carry out this section may be used for--
                    (A) participation in the control of 
                invasive plant species; and
                    (B) the establishment of native species.
            (2) Included activities.--The participation and 
        establishment under paragraph (1) may include--
                    (A) participation in statewide inventories 
                of invasive plant species and desirable plant 
                species;
                    (B) regional native plant habitat 
                conservation and mitigation;
                    (C) native revegetation; and
                    (D) training.
            (3) Contributions.--
                    (A) In general.--Subject to subparagraph 
                (B), an activity described in paragraph (1) may 
                be carried out concurrently with, in advance 
                of, or following the construction of a project 
                funded under this title.
                    (B) Condition for activities conducted in 
                advance of project construction.--An activity 
                described in paragraph (1) may be carried out 
                in advance of construction of a project only if 
                the activity is carried out in accordance with 
                all applicable requirements of Federal law 
                (including regulations) and State 
                transportation planning processes.

Sec. 167. Highway stormwater discharge mitigation program

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Environmental Protection 
        Agency.
            (2) Eligible mitigation project.--The term 
        ``eligible mitigation project'' means a practice or 
        technique that--
                    (A) improves stormwater discharge water 
                quality;
                    (B) attains preconstruction hydrology;
                    (C) promotes infiltration of stormwater 
                into groundwater;
                    (D) recharges groundwater;
                    (E) minimizes stream bank erosion;
                    (F) promotes natural filters;
                    (G) otherwise mitigates water quality 
                impacts of highway stormwater discharges, 
                improves surface water quality, or enhances 
                groundwater recharge; or
                    (H) reduces flooding caused by highway 
                stormwater discharge.
            (3) Federal-aid highway and associated facility.--
        The term ``Federal-aid highway and associated 
        facility'' means--
                    (A) a Federal-aid highway; or
                    (B) a facility or land owned by a State (or 
                political subdivision of a State) that is 
                directly associated with the Federal-aid 
                highway.
            (4) Highway stormwater discharge.--The term 
        ``highway stormwater discharge'' means stormwater 
        discharge from a Federal-aid highway, or a Federal-aid 
        highway and associated facility, that was constructed 
        before the date of enactment of this section.
            (5) Highway stormwater discharge mitigation.--The 
        term ``highway stormwater discharge mitigation'' 
        means--
                    (A) the reduction of water quality impacts 
                of stormwater discharges from Federal-aid 
                highways or Federal-aid highways and associated 
                facilities; or
                    (B) the enhancement of groundwater recharge 
                from stormwater discharges from Federal-aid 
                highways or Federal-aid highways and associated 
                facilities.
            (6) Program.--The term ``program'' means the 
        highway stormwater discharge mitigation program 
        established under subsection (b).
    (b) Establishment.--The Secretary shall establish a highway 
stormwater discharge mitigation program--
            (1) to improve the quality of stormwater discharge 
        from Federal-aid highways or Federal-aid highways and 
        associated facilities; and
            (2) to enhance groundwater recharge.
    (c) Priority of Projects.--For projects funded from the 
allocation under section 133(d)(6), a State shall give priority 
to projects sponsored by a State or local government that 
assist the State or local government in complying with the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
    (d) Guidance.--
            (1) In general.--Not later than 180 days after the 
        date of enactment of this section, the Secretary, in 
        consultation with the Administrator, shall issue 
        guidance to assist States in carrying out this section.
            (2) Requirements for guidance.--The guidance issued 
        under paragraph (1) shall include information 
        concerning innovative technologies and nonstructural 
        best management practices to mitigate highway 
        stormwater discharges.

Sec. 168. Transportation systems management and operations

    (a) In General.--The Secretary shall carry out a 
transportation systems management and operations program to--
            (1) ensure efficient and effective transportation 
        systems management and operations on Federal-aid 
        highways through collaboration, coordination, and real-
        time information sharing at a regional and Statewide 
        level among--
                    (A) managers and operators of major modes 
                of transportation;
                    (B) public safety officials; and
                    (C) the general public; and
            (2) manage and operate Federal-aid highways in a 
        coordinated manner to preserve the capacity and 
        maximize the performance of highway and transit 
        facilities for travelers and carriers.
    (b) Authorized Activities.--
            (1) In general.--In carrying out the program under 
        subsection (a), the Secretary may carry out activities 
        to--
                    (A) encourage managers and operators of 
                major modes of transportation, public safety 
                officials, and transportation planners in 
                urbanized areas that are responsible for 
                conducting the day-to-day management, 
                operations, public safety, and planning of 
                transportation facilities and services to 
                collaborate on and coordinate, on a regional 
                level and in a continuous and sustained manner, 
                improved transportation systems management and 
                operations; and
                    (B) encourage States to--
                            (i) establish a system of basic 
                        real-time monitoring for the surface 
                        transportation system; and
                            (ii) provide the means to share the 
                        data gathered under clause (i) among--
                                    (I) highway, transit, and 
                                public safety agencies;
                                    (II) jurisdictions 
                                (including States, cities, 
                                counties, and metropolitan 
                                planning organizations);
                                    (III) private-sector 
                                entities; and
                                    (IV) the general public.
            (2) Activities.--Activities to be carried out under 
        paragraph (1) include--
                    (A) developing a regional concept of 
                operations that defines a regional strategy 
                shared by all transportation and public safety 
                participants with respect to the manner in 
                which the transportation systems of the region 
                should be managed, operated, and measured;
                    (B) the sharing of information among 
                operators, service providers, public safety 
                officials, and the general public; and
                    (C) guiding, in a regionally-coordinated 
                manner and in a manner consistent with and 
                integrated into the metropolitan and statewide 
                transportation planning processes and regional 
                intelligent transportation system architecture, 
                the implementation of regional transportation 
                system management and operations initiatives, 
                including--
                            (i) emergency evacuation and 
                        response;
                            (ii) traffic incident management;
                            (iii) technology deployment; and
                            (iv) traveler information systems 
                        delivery.
    (c) Cooperation.--In carrying out the program under 
subsection (a), the Secretary may assist and cooperate with 
other Federal agencies, State and local governments, 
metropolitan planning organizations, private industry, and 
other interested parties to improve regional collaboration and 
real-time information sharing between managers and operators of 
major modes of transportation, public safety officials, 
emergency managers, and the general public to increase the 
security, safety, and reliability of Federal-aid highways.
    (d) Guidance; Regulations.--
            (1) In general.--In carrying out the program under 
        subsection (a), the Secretary may issue guidance or 
        promulgate regulations for the procurement of 
        transportation system management and operations 
        facilities, equipment, and services, including--
                    (A) equipment procured in preparation for 
                natural disasters, disasters caused by human 
                activity, and emergencies;
                    (B) system hardware;
                    (C) software; and
                    (D) software integration services.
            (2) Considerations.--In developing the guidance or 
        regulations under paragraph (1), the Secretary may 
        consider innovative procurement methods that support 
        the timely and streamlined execution of transportation 
        system management and operations programs and projects.
            (3) Financial assistance.--The Secretary may 
        authorize the use of funds made available under section 
        104(b)(3) to provide assistance for regional operations 
        collaboration and coordination activities that are 
        associated with regional improvements, such as--
                    (A) traffic incident management;
                    (B) technology deployment;
                    (C) emergency management and response;
                    (D) traveler information; and
                    (E) congestion relief.

Sec. 169. Real-time system management information program

    (a) In General.--The Secretary shall carry out a real-time 
system management information program to--
            (1) provide a nationwide system of basic real-time 
        information for managing and operating the surface 
        transportation system;
            (2)(A) identify long-range real-time highway and 
        transit monitoring needs; and
            (B) develop plans and strategies for meeting those 
        needs;
            (3) provide the capability and means to share the 
        basic real-time information with State and local 
        governments and the traveling public; and
            (4) provide the nationwide capability to monitor, 
        in real-time, the traffic and travel conditions of 
        major highways in the United States, and to share that 
        information with State and local governments and the 
        traveling public, to--
                    (A) improve the security of the surface 
                transportation system;
                    (B) address congestion problems;
                    (C) support improved response to weather 
                events; and
                    (D) facilitate the distribution of national 
                and regional traveler information.
    (b) Data Exchange Formats.--Not later than 1 year after the 
date of enactment of this section, the Secretary shall 
establish data exchange formats to ensure that the data 
provided by highway and transit monitoring systems (including 
statewide incident reporting systems) can readily be exchanged 
between jurisdictions to facilitate the nationwide availability 
of information on traffic and travel conditions.
    (c) Statewide Incident Reporting System.--Not later than 2 
years after the date of enactment of this section, or not later 
than 5 years after the date of enactment of this section if the 
Secretary determines that adequate real-time communications 
capability will not be available within 2 years after the date 
of enactment of this section, each State shall establish a 
statewide incident reporting system to facilitate the real-time 
electronic reporting of highway and transit incidents to a 
central location for use in--
            (1) monitoring an incident;
            (2) providing accurate traveler information on the 
        incident; and
            (3) responding to the incident as appropriate.
    (d) Regional ITS Architecture.--
            (1) In general.--In developing or updating regional 
        intelligent transportation system architectures under 
        section 940.9 of title 23, Code of Federal Regulations 
        (or any successor regulation), States and local 
        governments shall address--
                    (A) the real-time highway and transit 
                information needs of the State or local 
                government, including coverage, monitoring 
                systems, data fusion and archiving, and methods 
                of exchanging or sharing information; and
                    (B) the systems needed to meet those needs.
            (2) Data exchange formats.--In developing or 
        updating regional intelligent transportation system 
        architectures, States and local governments are 
        encouraged to incorporate the data exchange formats 
        developed by the Secretary under subsection (b) to 
        ensure that the data provided by highway and transit 
        monitoring systems can readily be--
                    (A) exchanged between jurisdictions; and
                    (B) shared with the traveling public.
    (e) Eligible Funding.--Subject to project approval by the 
Secretary, a State may--
            (1) use funds apportioned to the State under 
        section 505(a) to carry out activities relating to the 
        planning of real-time monitoring elements; and
            (2) use funds apportioned to the State under 
        paragraphs (1) and (3) of section 104(b) to carry out 
        activities relating to the planning and deployment of 
        real-time monitoring elements.

Sec. 170. Appalachian development highway system

    (a) Apportionment.--
            (1) In general.--The Secretary shall apportion 
        funds made available under section 1101(a)(7) of the 
        Safe, Accountable, Flexible, and Efficient 
        Transportation Equity Act of 2003 for fiscal years 2004 
        through 2009 among States based on the latest available 
        estimate of the cost to construct highways and access 
        roads for the Appalachian development highway system 
        program prepared by the Appalachian Regional Commission 
        under section 14501 of title 40.
            (2) Availability.--Funds described in paragraph (1) 
        shall be available to construct highways and access 
        roads under chapter 145 of title 40.
    (b) Applicability of Title.--Funds made available under 
section 1101(a)(7) of the Safe, Accountable, Flexible, and 
Efficient Transportation Equity Act of 2003 for the Appalachian 
development highway system shall be available for obligation in 
the same manner as if the funds were apportioned under this 
chapter, except that--
            (1) the Federal share of the cost of any project 
        under this section shall be determined in accordance 
        with subtitle IV of title 40; and
            (2) the funds shall remain available until 
        expended.

Sec. 171. Multistate corridor program

    (a) Establishment and Purpose.--The Secretary shall carry 
out a program to--
            (1) support and encourage multistate transportation 
        planning and development; and
            (2) facilitate transportation decisionmaking and 
        coordinate project delivery involving multistate 
        corridors.
    (b) Eligible Recipients.--A State transportation department 
and a metropolitan planning organization may receive and 
administer funds provided under this section.
    (c) Eligible Activities.--The Secretary shall make 
allocations under this program for multistate highway and 
multimodal planning studies and construction.
    (d) Other Provisions Regarding Eligibility.--
            (1) Studies.--All studies funded under this program 
        shall be consistent with the continuing, cooperative, 
        and comprehensive planning processes required by 
        sections 134 and 135.
            (2) Construction.--All construction funded under 
        this program shall be consistent with section 
        133(b)(1).
    (e) Selection Criteria.--The Secretary shall select studies 
and projects to be carried out under the program based on--
            (1) the existence and significance of signed and 
        binding multijurisdictional agreements;
            (2) endorsement of the study or project by 
        applicable elected State and local representatives;
            (3) prospects for early completion of the study or 
        project; or
            (4) whether the projects to be studied or 
        constructed are located on corridors identified by 
        section 1105(c) of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (Public Law 102-
        240; 105 Stat. 2032).
    (f) Program Priorities.--In administering the program, the 
Secretary shall--
            (1) encourage and enable States and other 
        jurisdictions to work together to develop plans for 
        multimodal and multijurisdictional transportation 
        decisionmaking; and
            (2) give priority to studies or projects that 
        emphasize multimodal planning, including planning for 
        operational improvements that--
                    (A) increase--
                            (i) mobility;
                            (ii) freight productivity;
                            (iii) access to marine or inland 
                        ports;
                            (iv) safety and security; and
                            (v) reliability; and
                    (B) enhance the environment.
    (g) Federal Share.--The Federal share of the cost of a 
study or project carried out under the program, using funds 
from all Federal sources, shall be 80 percent.
    (h) Applicability.--Funds authorized to be appropriated 
under section 1101(10) of the Safe, Accountable, Flexible, and 
Efficient Transportation Equity Act of 2003 to carry out this 
section shall be available for obligation in the same manner as 
if the funds were apportioned under this chapter.

Sec. 172. Border planning, operations, technology, and capacity program

    (a) Definitions.--In this section:
            (1) Border state.--The term `border State' means 
        any of the States of Alaska, Arizona, California, 
        Idaho, Maine, Michigan, Minnesota, Montana, New 
        Hampshire, New Mexico, New York, North Dakota, Texas, 
        Vermont, and Washington.
            (2) Program.--The term `program' means the border 
        planning, operations, technology, and capacity program 
        established under subsection (b).
    (b) Establishment and Purpose.--The Secretary shall 
establish and carry out a border planning, operations, 
technology, and capacity improvement program to support 
coordination and improvement in bi-national transportation 
planning, operations, efficiency, information exchange, safety, 
and security at the international borders of the United States 
with Canada and Mexico.
    (c) Eligible Recipients.--State transportation departments 
and metropolitan planning organizations at or near an 
international land border in a border State may receive and 
administer funds allocated under the program.
    (d) Eligible Activities.--
            (1) In general.--The Secretary shall make 
        allocations under the program for projects to carry out 
        eligible activities described in paragraph (2) at or 
        near international land borders in border States.
            (2) Eligible activities.--The eligible activities 
        referred to in paragraph (1) are--
                    (A) highway and multimodal planning or 
                environmental studies;
                    (B) cross-border port of entry and safety 
                inspection improvements, including operational 
                enhancements and technology applications;
                    (C) technology and information exchange 
                activities; and
                    (D) right-of-way acquisition, design, and 
                construction, as needed--
                            (i) to implement the enhancements 
                        or applications described in 
                        subparagraphs (B) and (C);
                            (ii) to decrease air pollution 
                        emissions from vehicles or inspection 
                        facilities at border crossings; or
                            (iii) to increase highway capacity 
                        at or near international borders.
    (e) Other Provisions Regarding Eligibility.--
            (1) In general.--Each project funded under the 
        program shall be carried out in accordance with the 
        continuing, cooperative, and comprehensive planning 
        processes required by sections 134 and 135.
            (2) Regionally significant projects.--To be funded 
        under the program, a regionally significant project 
        shall be included on the applicable transportation plan 
        and program required by sections 134 and 135.
    (f) Selection Criteria.--The Secretary shall select 
projects to be carried out under the program based on--
            (1) expected benefits, including air quality 
        benefits, of the project in relation to the cost of the 
        project;
            (2) prospects for early completion of the project;
            (3) endorsement of the project by formally 
        constituted bi-national organizations with Federal and 
        State or provincial representation;
            (4) the existence and significance of signed and 
        binding multijurisdictional agreements;
            (5) contributions, in amounts at least equal to 
        required minimums, of--
                    (A) Federal funds made available for other 
                programs under this title; and
                    (B) Federal funds made available under a 
                provision of law other than this title; and
            (6) the extent to which the benefits of the project 
        are multimodal.
    (g) Program Priorities.--In administering the program, the 
Secretary shall give priority to projects that emphasize--
            (1) multimodal planning;
            (2) improvements in infrastructure; and
            (3) operational improvements that--
                    (A) increase safety, security, freight 
                capacity, or highway access to rail, marine, 
                and air services; and
                    (B) enhance the environment.
    (h) Federal Share.--The Federal share of the cost of a 
project carried out under the program shall be 80 percent.
    (i) Obligation.--Funds made available under section 
1101(11) of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003 to carry out the program 
shall be available for obligation in the same manner as if the 
funds were apportioned under this chapter.
    (j) Information Exchange.--No individual project the scope 
of work of which is limited to information exchange shall 
receive an allocation under the program in an amount that 
exceeds $500,000 for any fiscal year.
    (k) Projects in Canada or Mexico.--A project in Canada or 
Mexico, proposed by a border State to directly and 
predominantly facilitate cross-border vehicle and commercial 
cargo movements at an international gateway or port of entry 
into the border region of the State, may be constructed using 
funds made available under the program if, before obligation of 
those funds, Canada or Mexico, or the political subdivision of 
Canada or Mexico that is responsible for the operation of the 
facility to be constructed, provides assurances satisfactory to 
the Secretary that any facility constructed under this 
subsection will be--
            (1) constructed in accordance with standards 
        equivalent to applicable standards in the United 
        States; and
            (2) properly maintained and used over the useful 
        life of the facility for the purpose for which the 
        Secretary allocated funds to the project.
    (l) Transfer of Funds to the General Services 
Administration.--
            (1) State funds.--At the request of a border State, 
        funds made available under the program may be 
        transferred to the General Services Administration for 
        the purpose of funding 1 or more specific projects if--
                    (A) the Secretary determines, after 
                consultation with the State transportation 
                department of the border State, that the 
                General Services Administration should carry 
                out the project; and
                    (B) the General Services Administration 
                agrees to accept the transfer of, and to 
                administer, those funds.
            (2) Non-federal share.--
                    (A) In general.--A border State that makes 
                a request under paragraph (1) shall provide 
                directly to the General Services 
                Administration, for each project covered by the 
                request, the non-Federal share of the cost of 
                each project described in subsection (h).
                    (B) No augmentation of appropriations.--
                Funds provided by a border State under 
                subparagraph (A)--
                            (i) shall not be considered to be 
                        an augmentation of the appropriations 
                        made available to the General Services 
                        Administration; and
                            (ii) shall be--
                                    (I) administered in 
                                accordance with the procedures 
                                of the General Services 
                                Administration; but
                                    (II) available for 
                                obligation in the same manner 
                                as if the funds were 
                                apportioned under this chapter.
                    (C) Obligation authority.--Obligation 
                authority shall be transferred to the General 
                Services Administration in the same manner and 
                amount as the funds provided for projects under 
                subparagraph (A).
            (3) Direct transfer of authorized funds.--
                    (A) In general.--In addition to allocations 
                to States and metropolitan planning 
                organizations under subsection (c), the 
                Secretary may transfer funds made available to 
                carry out this section to the General Services 
                Administration for construction of 
                transportation infrastructure projects at or 
                near the border in border States, if--
                            (i) the Secretary determines that 
                        the transfer is necessary to 
                        effectively carry out the purposes of 
                        this program; and
                            (ii) the General Services 
                        Administration agrees to accept the 
                        transfer of, and to administer, those 
                        funds.
                    (B) No augmentation of appropriations.--
                Funds transferred by the Secretary under 
                subparagraph (A)--
                            (i) shall not be considered to be 
                        an augmentation of the appropriations 
                        made available to the General Services 
                        Administration; and
                            (ii) shall be--
                                    (I) administered in 
                                accordance with the procedures 
                                of the General Services 
                                Administration; but
                                    (II) available for 
                                obligation in the same manner 
                                as if the funds were 
                                apportioned under this chapter.
                    (C) Obligation authority.--Obligation 
                authority shall be transferred to the General 
                Services Administration in the same manner and 
                amount as the funds transferred under 
                subparagraph (A).
                    (D) Nonapplicability of certain 
                provision.--Section 120 shall not apply to the 
                transfer of funds under this paragraph.

Sec. 173. Puerto Rico highway program

    (a) In General.--The Secretary shall allocate funds 
authorized by section 1101(a)(15) of the Safe, Accountable, 
Flexible, and Efficient Transportation Equity Act of 2003 for 
each of fiscal years 2004 through 2009 to the Commonwealth of 
Puerto Rico to carry out a highway program in the Commonwealth.
    (b) Applicability of Title.--
            (1) In general.--Amounts made available by section 
        1101(a)(15) of the Safe, Accountable, Flexible, and 
        Efficient Transportation Equity Act of 2003 shall be 
        available for obligation in the same manner as if such 
        funds were apportioned under this chapter.
            (2) Limitation on obligations.--The amounts shall 
        be subject to any limitation on obligations for 
        Federal-aid highway and highway safety construction 
        programs.
    (c) Treatment of Funds.--Amounts made available to carry 
out this section for a fiscal year shall be administered as 
follows:
            (1) Apportionment.--For purposes of this section, 
        the amounts shall be treated as being apportioned to 
        Puerto Rico under sections 104(b), 144, and 206, for 
        each program funded under those sections in an amount 
        determined by multiplying--
                    (A) the aggregate of the amounts for the 
                fiscal year; by
                    (B) the ratio that--
                            (i) the amount of funds apportioned 
                        to Puerto Rico for each such program 
                        for fiscal year 2003; bears to
                            (ii) the total amount of funds 
                        apportioned to Puerto Rico for all such 
                        programs for fiscal year 2003.
            (2) Penalty.--The amounts treated as being 
        apportioned to Puerto Rico under each section referred 
        to in paragraph (1) shall be deemed to be required to 
        be apportioned to Puerto Rico under that section for 
        purposes of the imposition of any penalty under this 
        title and title 49.
            (3) Effect on allocations and apportionments.--
        Subject to paragraph (2), nothing in this section 
        affects any allocation under section 105 and any 
        apportionment under sections 104 and 144.

Sec. 174. National historic covered bridge preservation

    (a) Definition of Historic Covered Bridge.--In this 
section, the term `historic covered bridge' means a covered 
bridge that is listed or eligible for listing on the National 
Register of Historic Places.
    (b) Historic Covered Bridge Preservation.--Subject to the 
availability of appropriations, the Secretary shall--
            (1) collect and disseminate information on historic 
        covered bridges;
            (2) conduct educational programs relating to the 
        history and construction techniques of historic covered 
        bridges;
            (3) conduct research on the history of historic 
        covered bridges; and
            (4) conduct research on, and study techniques for, 
        protecting historic covered bridges from rot, fire, 
        natural disasters, or weight-related damage.
    (c) Grants.--
            (1) In general.--Subject to the availability of 
        appropriations, the Secretary shall make a grant to a 
        State that submits an application to the Secretary that 
        demonstrates a need for assistance in carrying out 1 or 
        more historic covered bridge projects described in 
        paragraph (2).
            (2) Eligible projects.--A grant under paragraph (1) 
        may be made for a project--
                    (A) to rehabilitate or repair a historic 
                covered bridge; or
                    (B) to preserve a historic covered bridge, 
                including through--
                            (i) installation of a fire 
                        protection system, including a 
                        fireproofing or fire detection system 
                        and sprinklers;
                            (ii) installation of a system to 
                        prevent vandalism and arson; or
                            (iii) relocation of a bridge to a 
                        preservation site.
            (3) Authenticity requirements.--A grant under 
        paragraph (1) may be made for a project only if--
                    (A) to the maximum extent practicable, the 
                project--
                            (i) is carried out in the most 
                        historically appropriate manner; and
                            (ii) preserves the existing 
                        structure of the historic covered 
                        bridge; and
                    (B) the project provides for the 
                replacement of wooden components with wooden 
                components, unless the use of wood is 
                impracticable for safety reasons.
            (4) Federal share.--The Federal share of the cost 
        of a project carried out with a grant under this 
        subsection shall be 80 percent.
    (d) Funding.--There is authorized to be appropriated to 
carry out this section $14,000,000 for each of fiscal years 
2004 through 2009, to remain available until expended.

Sec. 175. Transportation and community and system preservation pilot 
                    program

    (a) Establishment.--The Secretary shall establish a 
comprehensive program to facilitate the planning, development, 
and implementation of strategies by States, metropolitan 
planning organizations, federally-recognized Indian tribes, and 
local governments to integrate transportation, community, and 
system preservation plans and practices that address the goals 
described in subsection (b).
    (b) Goals.--The goals of the program are--
            (1) to improve the efficiency of the transportation 
        system in the United States;
            (2) to reduce the impacts of transportation on the 
        environment;
            (3) reduce the need for costly future investments 
        in public infrastructure;
            (4) to provide efficient access to jobs, services, 
        and centers of trade; and
            (5) to examine development patterns, and to 
        identify strategies, to encourage private sector 
        development patterns that achieve the goals identified 
        in paragraphs (1) through (4).
    (c) Allocation of Funds for Implementation.--
            (1) In general.--The Secretary shall allocate funds 
        made available to carry out this subsection to States, 
        metropolitan planning organizations, and local 
        governments to carry out projects to address 
        transportation efficiency and community and system 
        preservation.
            (2) Criteria.--In allocating funds made available 
        to carry out this subsection, the Secretary shall give 
        priority to applicants that--
                    (A) have instituted preservation or 
                development plans and programs that--
                            (i) meet the requirements of this 
                        title and chapter 53 of title 49, 
                        United States Code; and
                            (ii)(I) are coordinated with State 
                        and local adopted preservation or 
                        development plans;
                            (II) are intended to promote cost-
                        effective and strategic investments in 
                        transportation infrastructure that 
                        minimize adverse impacts on the 
                        environment; or
                            (III) are intended to promote 
                        innovative private sector strategies.
                    (B) have instituted other policies to 
                integrate transportation and community and 
                system preservation practices, such as--
                            (i) spending policies that direct 
                        funds to high-growth areas;
                            (ii) urban growth boundaries to 
                        guide metropolitan expansion;
                            (iii) `green corridors' programs 
                        that provide access to major highway 
                        corridors for areas targeted for 
                        efficient and compact development; or
                            (iv) other similar programs or 
                        policies as determined by the 
                        Secretary;
                    (C) have preservation or development 
                policies that include a mechanism for reducing 
                potential impacts of transportation activities 
                on the environment;
                    (D) examine ways to encourage private 
                sector investments that address the purposes of 
                this section; and
                    (E) propose projects for funding that 
                address the purposes described in subsection 
                (b)(2).
            (3) Equitable distribution.--In allocating funds to 
        carry out this subsection, the Secretary shall ensure 
        the equitable distribution of funds to a diversity of 
        populations and geographic regions.
            (4) Use of allocated funds.--
                    (A) In general.--An allocation of funds 
                made available to carry out this subsection 
                shall be used by the recipient to implement the 
                projects proposed in the application to the 
                Secretary.
                    (B) Types of projects.--The allocation of 
                funds shall be available for obligation for--
                            (i) any project eligible for 
                        funding under this title or chapter 53 
                        of title 49, United States Code; or
                            (ii) any other activity relating to 
                        transportation and community and system 
                        preservation that the Secretary 
                        determines to be appropriate, including 
                        corridor preservation activities that 
                        are necessary to implement--
                                    (I) transit-oriented 
                                development plans;
                                    (II) traffic calming 
                                measures; or
                                    (III) other coordinated 
                                transportation and community 
                                and system preservation 
                                practices.
    (d) Funding.--
            (1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $50,000,000 for each of fiscal years 2004 through 2009.
            (2) Contract authority.--Funds authorized under 
        this subsection shall be available for obligation in 
        the same manner as if the funds were apportioned under 
        this chapter.

           *       *       *       *       *       *       *

Sec. 181. Definitions

    In this subchapter, the following definitions apply:
            (1) Eligible project costs.--The term ``eligible 
        project costs'' means amounts substantially all of 
        which are paid by, or for the account of, an obligor in 
        connection with a project, including the cost of--
                    (A) development phase activities, including 
                planning, feasibility analysis, revenue 
                forecasting, environmental review, permitting, 
                preliminary engineering and design work, and 
                other preconstruction activities;
                    (B) construction, reconstruction, 
                rehabilitation, replacement, and acquisition of 
                real property (including land related to the 
                project and improvements to land), 
                environmental mitigation, construction 
                contingencies, and acquisition of equipment; 
                and
                    (C) capitalized interest necessary to meet 
                market requirements, reasonably required 
                reserve funds, capital issuance expenses, and 
                other carrying costs during construction.
            (2) Federal credit instrument.--The term ``Federal 
        credit instrument'' means a secured loan, loan 
        guarantee, or line of credit authorized to be made 
        available under this subchapter with respect to a 
        project.
            (3) Investment-grade rating.--The term 
        ``investment-grade rating'' means a rating [category] 
        offered into the capital markets of BBB minus, Baa3, or 
        higher assigned by a rating agency to project 
        obligations offered into the capital markets.
            (4) Lender.--The term ``lender'' means any non-
        Federal qualified institutional buyer (as defined in 
        section 230.144A(a) of title 17, Code of Federal 
        Regulations (or any successor regulation), known as 
        Rule 144A(a) of the Securities and Exchange Commission 
        and issued under the Securities Act of 1933 (15 U.S.C. 
        77a et seq.)), including--
                    (A) a qualified retirement plan (as defined 
                in section 4974(c) of the Internal Revenue Code 
                of 1986) that is a qualified institutional 
                buyer; and
                    (B) a governmental plan (as defined in 
                section 414(d) of the Internal Revenue Code of 
                1986) that is a qualified institutional buyer.
            (5) Line of credit.--The term ``line of credit'' 
        means an agreement entered into by the Secretary with 
        an obligor under section 184 to provide a direct loan 
        at a future date upon the occurrence of certain events.
            (6) Loan guarantee.--The term ``loan guarantee'' 
        means any guarantee or other pledge by the Secretary to 
        pay all or part of the principal of and interest on a 
        loan or other debt obligation issued by an obligor and 
        funded by a lender.
            [(7) Local servicer.--The term ``local servicer'' 
        means--
                    [(A) a State infrastructure bank 
                established under this title; or
                    [(B) a State or local government or any 
                agency of a State or local government that is 
                responsible for servicing a Federal credit 
                instrument on behalf of the Secretary.]
            [(8)] (7) Obligor.--The term ``obligor'' means a 
        party primarily liable for payment of the principal of 
        or interest on a Federal credit instrument, which party 
        may be a corporation, partnership, joint venture, 
        trust, or governmental entity, agency, or 
        instrumentality.
            [(9)] (8) Project.--The term ``project'' means--
                    (A) any surface transportation project 
                eligible for Federal assistance under this 
                title or chapter 53 of title 49;
                    (B) a project for an international bridge 
                or tunnel for which an international entity 
                authorized under Federal or State law is 
                responsible[.];
                    (C) a project for intercity passenger bus 
                or rail facilities and vehicles, including 
                facilities and vehicles owned by the National 
                Railroad Passenger Corporation and components 
                of magnetic levitation transportation systems; 
                and
                    [(D) a project for publicly owned 
                intermodal surface freight transfer facilities, 
                other than seaports and airports, if the 
                facilities are located on or adjacent to 
                National Highway System routes or connections 
                to the National Highway System.]
                    (D) a project that--
                            (i)(I) is a project for--
                                    (aa) a public freight rail 
                                facility or a private facility 
                                providing public benefit;
                                    (bb) an intermodal freight 
                                transfer facility;
                                    (cc) a means of access to a 
                                facility described in item (aa) 
                                or (bb);
                                    (dd) a service improvement 
                                for a facility described in 
                                item (aa) or (bb) (including a 
                                capital investment for an 
                                intelligent transportation 
                                system); or
                            (II) comprises a series of projects 
                        described in subclause (I) with the 
                        common objective of improving the flow 
                        of goods;
                            (ii) may involve the combining of 
                        private and public sector funds, 
                        including investment of public funds in 
                        private sector facility improvements; 
                        and
                            (iii) if located within the 
                        boundaries of a port terminal, includes 
                        only such surface transportation 
                        infrastructure modifications as are 
                        necessary to facilitate direct 
                        intermodal interchange, transfer, and 
                        access into and out of the port.
            [(10)] (9) Project obligation.--The term ``project 
        obligation'' means any note, bond, debenture, or other 
        debt obligation issued by an obligor in connection with 
        the financing of a project, other than a Federal credit 
        instrument.
            [(11)] (10) Rating agency.--The term ``rating 
        agency'' means a [bond] credit rating agency identified 
        by the Securities and Exchange Commission as a 
        Nationally Recognized Statistical Rating Organization.
            [(12)] (11) Secured loan.--The term ``secured 
        loan'' means a direct loan or other debt obligation 
        issued by an obligor and funded by the Secretary in 
        connection with the financing of a project under 
        section 183.
            [(13)] (12) State.--The term ``State'' has the 
        meaning given the term in section 101.
            [(14)] (13) Subsidy amount.--The term ``subsidy 
        amount'' means the amount of budget authority 
        sufficient to cover the estimated long-term cost to the 
        Federal Government of a Federal credit instrument, 
        calculated on a net present value basis, excluding 
        administrative costs and any incidental effects on 
        governmental receipts or outlays in accordance with the 
        provisions of the Federal Credit Reform Act of 1990 (2 
        U.S.C. 661 et seq.).
            [(15)] (14) Substantial completion.--The term 
        ``substantial completion'' means the opening of a 
        project to vehicular or passenger traffic.

Sec. 182. Determination of eligibility and project selection

    [(a) Eligibility.--To be eligible to receive financial 
assistance under this subchapter, a project shall meet the 
following criteria:
            (1) Inclusion in transportation plans and 
        programs.--The project--
                    [(A) shall be included in the State 
                transportation plan required under section 135; 
                and
                    [(B) at such time as an agreement to make 
                available a Federal credit instrument is 
                entered into under this subchapter, shall be 
                included in the approved State transportation 
                improvement program required under section 134.
            [(2) Application.--A State, a local servicer 
        identified under section 185(a), or the entity 
        undertaking the project shall submit a project 
        application to the Secretary.]
            (1) Inclusion in transportation plans and 
        programs.--The project shall satisfy the applicable 
        planning and programming requirements of sections 134 
        and 135 at such time as an agreement to make available 
        a Federal credit instrument is entered into under this 
        subchapter.
            (2) Application.--A State, local government, public 
        authority, public-private partnership, or any other 
        legal entity undertaking the project and authorized by 
        the Secretary shall submit a project application to the 
        Secretary.
            (3) Eligible project costs.--
                    (A) In general.--Except as provided in 
                subparagraph (B), to be eligible for assistance 
                under this subchapter, a project shall have 
                eligible project costs that are reasonably 
                anticipated to equal or exceed the lesser of--
                            (i) [$100,000,000] $50,000,000; or
                            (ii) [50] 20 percent of the amount 
                        of Federal highway assistance funds 
                        apportioned for the most recently 
                        completed fiscal year to the State in 
                        which the project is located.
                    (B) Intelligent transportation system 
                projects.--In the case of a project principally 
                involving the installation of an intelligent 
                transportation system, eligible project costs 
                shall be reasonably anticipated to equal or 
                exceed $30,000,000.
            (4) Dedicated revenue sources.--[Project financing] 
        The Federal credit instrument shall be repayable, in 
        whole or in part, from tolls, user fees, or other 
        dedicated revenue sources that also secure the project 
        obligations.
            (5) Public sponsorship of private entities.--In the 
        case of a project that is undertaken by an entity that 
        is not a State or local government or an agency or 
        instrumentality of a State or local government, the 
        project that the entity is undertaking shall be 
        publicly sponsored as provided in paragraphs (1) and 
        (2).
    (b) Selection Among Eligible Projects.--
            (1) Establishment.--The Secretary shall establish 
        criteria for selecting among projects that meet the 
        eligibility [criteria] requirements specified in 
        subsection (a).
            (2) Selection criteria.--
                    (A) In general.--The selection criteria 
                shall include the following:
                            (i) The extent to which the project 
                        is nationally or regionally 
                        significant, in terms of generating 
                        economic benefits, supporting 
                        international commerce, or otherwise 
                        enhancing the national transportation 
                        system.
                            (ii) The creditworthiness of the 
                        project, including a determination by 
                        the Secretary that any financing for 
                        the project has appropriate security 
                        features, such as a rate covenant, to 
                        ensure repayment.
                            (iii) The extent to which 
                        assistance under this subchapter would 
                        foster innovative public-private 
                        partnerships and attract private debt 
                        or equity investment.
                            (iv) The likelihood that assistance 
                        under this subchapter would enable the 
                        project to proceed at an earlier date 
                        than the project would otherwise be 
                        able to proceed.
                            (v) The extent to which the project 
                        uses new technologies, including 
                        intelligent transportation systems, 
                        that enhance the efficiency of the 
                        project.
                            (vi) The amount of budget authority 
                        required to fund the Federal credit 
                        instrument made available under this 
                        subchapter.
                            (vii) The extent to which the 
                        project helps maintain or protect the 
                        environment.
                            (viii) The extent to which 
                        assistance under this chapter would 
                        reduce the contribution of Federal 
                        grant assistance to the project.
                    (B) Preliminary rating opinion letter.--For 
                purposes of subparagraph (A)(ii), the Secretary 
                shall require each project applicant to provide 
                a preliminary rating opinion letter from at 
                least 1 rating agency indicating that the 
                project's senior obligations (which may be the 
                Federal credit instrument) have the potential 
                to achieve an investment-grade rating.
    (c) Federal Requirements.--In addition to the requirements 
of this title for highway projects, chapter 53 of title 49 for 
transit projects, and section 5333(a) of title 49 for rail 
projects, the following provisions of law shall apply to funds 
made available under this subchapter and projects assisted with 
the funds:
            (1) Title VI of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d et seq.).
            (2) The National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.).
            (3) The Uniform Relocation Assistance and Real 
        Property Acquisition Policies Act of 1970 (42 U.S.C. 
        4601 et seq.).

Sec. 183. Secured loans

    (a) In General.--
            (1) Agreements.--Subject to paragraphs (2) through 
        (4), the Secretary may enter into agreements with 1 or 
        more obligors to make secured loans, the proceeds of 
        which shall be used--
                    (A) to finance eligible project costs of 
                any project selected under section 182; or
                    (B) to refinance interim construction 
                financing of eligible project costs of any 
                project selected under section 182[;].
        [of any project selected under section 182].
            (2) Limitation on refinancing of interim 
        construction financing.--A loan under paragraph (1) 
        shall not refinance interim construction financing 
        under paragraph (1)(B) later than 1 year after the date 
        of substantial completion of the project.
            (3) Risk assessment.--Before entering into an 
        agreement under this subsection, the Secretary, in 
        consultation with the Director of the Office of 
        Management and Budget and each rating agency providing 
        a preliminary rating opinion letter under section 
        182(b)(2)(B), shall determine an appropriate capital 
        reserve subsidy amount for each secured loan, taking 
        into account such letter.
            (4) Investment-grade rating requirement.--The 
        [funding] execution of a secured loan under this 
        section shall be contingent on the project's senior 
        obligations receiving an investment-grade rating[, 
        except that--].
                    (A) the Secretary may fund an amount of the 
                secured loan not to exceed the capital reserve 
                subsidy amount determined under paragraph (3) 
                prior to the obligations receiving an 
                investment-grade rating; and
                    (B) the Secretary may fund the remaining 
                portion of the secured loan only after the 
                obligations have received an investment-grade 
                rating by at least 1 rating agency.
    (b) Terms and Limitations.--
            (1) In general.--A secured loan under this section 
        with respect to a project shall be on such terms and 
        conditions and contain such covenants, representations, 
        warranties, and requirements (including requirements 
        for audits) as the Secretary determines appropriate.
            [(2) Maximum amount.--The amount of the secured 
        loan shall not exceed 33 percent of the reasonably 
        anticipated eligible project costs.]
            (2) Maximum amount.--The amount of the secured loan 
        shall not exceed the lesser of--
                    (A) 33 percent of the reasonably 
                anticipated eligible project costs; or
                    (B) the amount of the senior project 
                obligations.
            (3) Payment.--The secured loan--
                    (A) shall--
                            (i) be payable, in whole or in 
                        part, from tolls, user fees, or other 
                        dedicated revenue sources that also 
                        secure the senior project obligations; 
                        and
                            (ii) include a rate covenant, 
                        coverage requirement, or similar 
                        security feature supporting the project 
                        obligations; and
                    (B) may have a lien on revenues described 
                in subparagraph (A) subject to any lien 
                securing project obligations.
            (4) Interest rate.--The interest rate on the 
        secured loan shall be not less than the yield on 
        [marketable] United States Treasury securities of a 
        similar maturity to the maturity of the secured loan on 
        the date of execution of the loan agreement.
            (5) Maturity date.--The final maturity date of the 
        secured loan shall be not later than 35 years after the 
        date of substantial completion of the project.
            (6) Nonsubordination.--The secured loan shall not 
        be subordinated to the claims of any holder of project 
        obligations in the event of bankruptcy, insolvency, or 
        liquidation of the obligor.
            (7) Fees.--The Secretary may establish fees at a 
        level sufficient to cover all or a portion of the costs 
        to the Federal Government of making a secured loan 
        under this section.
            (8) Non-federal share.--The proceeds of a secured 
        loan under this subchapter may be used for any non-
        Federal share of project costs required under this 
        title or chapter 53 of title 49, if the loan is 
        repayable from non-Federal funds.
    (c) Repayment.--
            (1) Schedule.--The Secretary shall establish a 
        repayment schedule for each secured loan under this 
        section based on the projected cash flow from project 
        revenues and other repayment sources.
            (2) Commencement.--Scheduled loan repayments of 
        principal or interest on a secured loan under this 
        section shall commence not later than 5 years after the 
        date of substantial completion of the project.
            [(3) Sources of repayment funds.--The sources of 
        funds for scheduled loan repayments under this section 
        shall include tolls, user fees, or other dedicated 
        revenue sources.]
            [(4)] (3) Deferred payments.--
                    (A) Authorization.--If, at any time [during 
                the 10 years] after the date of substantial 
                completion of the project, the project is 
                unable to generate sufficient revenues to pay 
                the scheduled loan repayments of principal and 
                interest on the secured loan, the Secretary 
                may, subject to subparagraph (C), allow the 
                obligor to add unpaid principal and interest to 
                the outstanding balance of the secured loan.
                    (B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                            (i) continue to accrue interest in 
                        accordance with subsection (b)(4) until 
                        fully repaid; and
                            (ii) be scheduled to be amortized 
                        over the remaining term of the loan 
                        [beginning not later than 10 years 
                        after the date of substantial 
                        completion of the project in accordance 
                        with paragraph (1)].
                    (C) Criteria.--
                            (i) In general.--Any payment 
                        deferral under subparagraph (A) shall 
                        be contingent on the project meeting 
                        criteria established by the Secretary.
                            (ii) Repayment standards.--The 
                        criteria established under clause (i) 
                        shall include standards for reasonable 
                        assurance of repayment.
            [(5)] (4) Prepayment.--
                    (A) Use of excess revenues.--Any excess 
                revenues that remain after satisfying scheduled 
                debt service requirements on the project 
                obligations and secured loan and all deposit 
                requirements under the terms of any trust 
                agreement, bond resolution, or similar 
                agreement securing project obligations may be 
                applied annually to prepay the secured loan 
                without penalty.
                    (B) Use of proceeds of refinancing.--The 
                secured loan may be prepaid at any time without 
                penalty from the proceeds of refinancing from 
                non-Federal funding sources.
    (d) Sale of Secured Loans.--
            (1) In general.--Subject to paragraph (2), as soon 
        as practicable after substantial completion of a 
        project and after notifying the obligor, the Secretary 
        may sell to another entity or reoffer into the capital 
        markets a secured loan for the project if the Secretary 
        determines that the sale or reoffering can be made on 
        favorable terms.
            (2) Consent of obligor.--In making a sale or 
        reoffering under paragraph (1), the Secretary may not 
        change the original terms and conditions of the secured 
        loan without the written consent of the obligor.
    (e) Loan Guarantees.--
            (1) In general.--The Secretary may provide a loan 
        guarantee to a lender in lieu of making a secured loan 
        if the Secretary determines that the budgetary cost of 
        the loan guarantee is substantially the same as that of 
        a secured loan.
            (2) Terms.--The terms of a guaranteed loan shall be 
        consistent with the terms set forth in this section for 
        a secured loan, except that the rate on the guaranteed 
        loan and any prepayment features shall be negotiated 
        between the obligor and the lender, with the consent of 
        the Secretary.

Sec. 184. Lines of credit

    (a) In General.--
            (1) Agreements.--Subject to paragraphs (2) through 
        (4), the Secretary may enter into agreements to make 
        available lines of credit to 1 or more obligors in the 
        form of direct loans to be made by the Secretary at 
        future dates on the occurrence of certain events for 
        any project selected under section 182.
            (2) Use of proceeds.--The proceeds of a line of 
        credit made available under this section shall be 
        available to pay debt service on project obligations 
        issued to finance eligible project costs, extraordinary 
        repair and replacement costs, operation and maintenance 
        expenses, and costs associated with unexpected Federal 
        or State environmental restrictions.
            (3) Risk assessment.--Before entering into an 
        agreement under this subsection, the Secretary, in 
        consultation with the Director of the Office of 
        Management and Budget and each rating agency providing 
        a preliminary rating opinion letter under section 
        182(b)(2)(B), shall determine an appropriate capital 
        reserve subsidy amount for each line of credit, taking 
        into account such letter.
            (4) Investment-grade rating requirement.--The 
        funding of a line of credit under this section shall be 
        contingent on the project's senior obligations 
        receiving an investment-grade rating from at least 1 
        rating agency.
    (b) Terms and Limitations.--
            (1) In general.--A line of credit under this 
        section with respect to a project shall be on such 
        terms and conditions and contain such covenants, 
        representations, warranties, and requirements 
        (including requirements for audits) as the Secretary 
        determines appropriate.
            (2) Maximum amounts.--
                    (A) Total amount.--The total amount of the 
                line of credit shall not exceed 33 percent of 
                the reasonably anticipated eligible project 
                costs.
                    (B) 1-year draws.--The amount drawn in any 
                1 year shall not exceed 20 percent of the total 
                amount of the line of credit.
            (3) Draws.--Any draw on the line of credit shall 
        represent a direct loan and shall be made only if net 
        revenues from the project (including capitalized 
        [interest, any debt service reserve fund, and any other 
        available reserve] interest (but not including 
        reasonably required financing reserves)) are 
        insufficient to pay the costs specified in subsection 
        (a)(2).
            (4) Interest rate.--The interest rate on a direct 
        loan resulting from a draw on the line of credit shall 
        be not less than the yield on 30-year [marketable 
        United States Treasury securities as of the date on 
        which the line of credit is obligated] United States 
        Treasury securities as of the date of execution of the 
        line of credit agreement.
            (5) Security.--The line of credit--
                    (A) shall--
                            (i) be payable, in whole or in 
                        part, from tolls, user fees, or other 
                        dedicated revenue sources that also 
                        secure the senior project obligations; 
                        and
                            (ii) include a rate covenant, 
                        coverage requirement, or similar 
                        security feature supporting the project 
                        obligations; and
                    (B) may have a lien on revenues described 
                in subparagraph (A) subject to any lien 
                securing project obligations.
            (6) Period of availability.--The line of credit 
        shall be available during the period beginning on the 
        date of substantial completion of the project and 
        ending not later than 10 years after that date.
            (7) Rights of third-party creditors.--
                    (A) Against federal government.--A third-
                party creditor of the obligor shall not have 
                any right against the Federal Government with 
                respect to any draw on the line of credit.
                    (B) Assignment.--An obligor may assign the 
                line of credit to 1 or more lenders or to a 
                trustee on the lenders' behalf.
            (8) Nonsubordination.--A direct loan under this 
        section shall not be subordinated to the claims of any 
        holder of project obligations in the event of 
        bankruptcy, insolvency, or liquidation of the obligor.
            (9) Fees.--The Secretary may establish fees at a 
        level sufficient to cover all or a portion of the costs 
        to the Federal Government of providing a line of credit 
        under this section.
            (10) Relationship to other credit instruments.--A 
        project that receives a line of credit under this 
        section also shall not receive a secured loan or loan 
        guarantee under section 183 of an amount that, combined 
        with the amount of the line of credit, exceeds 33 
        percent of eligible project costs.
    (c) Repayment.--
            (1) Terms and conditions.--The Secretary shall 
        establish repayment terms and conditions for each 
        direct loan under this section based on the projected 
        cash flow from project revenues and other repayment 
        sources.
            (2) Timing.--All [scheduled] repayments of 
        principal or interest on a direct loan under this 
        section shallbe scheduled to commence not later than 5 
        years after the end of the period of availability 
        specified in subsection (b)(6) and be [fully repaid, 
        with interest] to conclude, with full repayment of 
        principal and interest,, by the date that is 25 years 
        after the end of the period of availability specified 
        in subsection (b)(6).
            [(3) Sources of repayment funds.--The sources of 
        funds for scheduled loan repayments under this section 
        shall include tolls, user fees, or other dedicated 
        revenue sources.]

Sec. [185. Project servicing

    [(a) Requirement.--The State in which a project that 
receives financial assistance under this subchapter is located 
may identify a local servicer to assist the Secretary in 
servicing the Federal credit instrument made available under 
this subchapter.
    [(b) Agency; Fees.--If a State identifies a local servicer 
under subsection (a), the local servicer--
            [(1) shall act as the agent for the Secretary; and
            [(2) may receive a servicing fee, subject to 
        approval by the Secretary.
    [(c) Liability.--A local servicer identified under 
subsection (a) shall not be liable for the obligations of the 
obligor to the Secretary or any lender.
    [(d) Assistance From Expert Firms.--The Secretary may 
retain the services of expert firms in the field of municipal 
and project finance to assist in the underwriting and servicing 
of Federal credit instruments.]

Sec. 185. Program administration

    (a) Requirement.--The Secretary shall establish a uniform 
system to service the Federal credit instruments made available 
under this subchapter.
    (b) Fees.--The Secretary may establish fees at a level to 
cover all or a portion of the costs to the Federal government 
of servicing the Federal credit instruments.
    (c) Servicer.--
            (1) In general.--The Secretary may appoint a 
        financial entity to assist the Secretary in servicing 
        the Federal credit instruments.
            (2) Duties.--The servicer shall act as the agent 
        for the Secretary.
            (3) Fee.--The servicer shall receive a servicing 
        fee, subject to approval by the Secretary.
    (d) Assistance From Expert Firms.--The Secretary may retain 
the services of expert firms, including counsel, in the field 
of municipal and project finance to assist in the underwriting 
and servicing of Federal credit instruments.

           *       *       *       *       *       *       *

Sec. 188. Funding

    [(a) Funding.--
            [(1) In general.--There are authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this 
        subchapter--
                    [(A) $80,000,000 for fiscal year 1999;
                    [(B) $90,000,000 for fiscal year 2000;
                    [(C) $110,000,000 for fiscal year 2001;
                    [(D) $120,000,000 for fiscal year 2002; and
                    [(E) $130,000,000 for fiscal year 2003.
            [(2) Administrative costs.--From funds made 
        available under paragraph (1), the Secretary may use, 
        for the administration of this subchapter, not more 
        than $2,000,000 for each of fiscal years 1999 through 
        2003.
            [(3) Availability.--Amounts made available under 
        paragraph (1) shall remain available until expended.
    [(b) Contract Authority.--
            [(1) In general.--Notwithstanding any other 
        provision of law, approval by the Secretary of a 
        Federal credit instrument that uses funds made 
        available under this subchapter shall be deemed to be 
        acceptance by the United States of a contractual 
        obligation to fund the Federal credit instrument.
            [(2) Availability.--Amounts authorized under this 
        section for a fiscal year shall be available for 
        obligation on October 1 of the fiscal year.
    [(c) Limitations on Credit Amounts.--For each of fiscal 
years 1999 through 2003, principal amounts of Federal credit 
instruments made available under this subchapter shall be 
limited to the amounts specified in the following table:

                                                         [Maximum amount
[Fiscal year:                                            [of credit:    
  [1999................................................. $1,600,000,000 
  [2000................................................. $1,800,000,000 
  [2001................................................. $2,200,000,000 
  [2002................................................. $2,400,000,000 
  [2003.................................................$2,600,000,000.]
    (a) Funding.--
            (1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this subchapter 
        $130,000,000 for each of fiscal years 2004 through 
        2009.
            (2) Collected fees.--All fees collected under this 
        subchapter shall be made available to the Secretary, 
        without further appropriation, to carry out this 
        subchapter.
            (3) Administrative costs.--Of amounts made 
        available under paragraph (1), the Secretary may use 
        for the administration of this subchapter not more than 
        $2,000,000 for each of fiscal years 2004 through 2009.
            (4) Availability.--Amounts made available under 
        paragraph (1) shall remain available until expended.
    (b) Contract Authority.--
            (1) In general.--Notwithstanding any other 
        provision of law, approval by the Secretary of a 
        Federal credit instrument that uses funds made 
        available under this subchapter shall be deemed to be 
        acceptance by the United States of a contractual 
        obligation to fund the Federal credit investment.
            (2) Availability.--Amounts authorized under this 
        section for a fiscal year shall be available for 
        obligation on October 1 of the fiscal year.

[Sec. 189. Report to Congress

    [Not later than 4 years after the date of enactment of this 
subchapter, the Secretary shall submit to Congress a report 
summarizing the financial performance of the projects that are 
receiving, or have received, assistance under this subchapter, 
including a recommendation as to whether the objectives of this 
subchapter are best served--
            [(1) by continuing the program under the authority 
        of the Secretary;
            [(2) by establishing a Government corporation or 
        Government-sponsored enterprise to administer the 
        program; or
            [(3) by phasing out the program and relying on the 
        capital markets to fund the types of infrastructure 
        investments assisted by this subchapter without Federal 
        participation.]

           *       *       *       *       *       *       *

                       Chapter 2.--OTHER HIGHWAYS

Sec.

201. Authorizations.
202. Allocations.
203. Availability of funds.
204. Federal lands highways program.
[205. Forest development roads and trails.]
205. National Forest System roads and trails.
206. Recreational trails program.
207. Repealed.
208. Repealed.
209. Repealed.
210. Defense access roads.
211. [Repealed by P.L. 100-17.]
212. Inter-American Highway.
213. [Repealed by P.L. 100-17.]
214. Public lands development roads and trails.
[215. Territories highway development program.]
215. Territorial highway program.
216. Darien Gap Highway.
217. Bicycle transportation and pedestrian walkways.
218. Alaska Highway.

Sec. 201. Authorizations

      The provision of this title shall apply to all 
unappropriated authorizations contained in prior Acts, and also 
to all unexpended appropriations heretofore made, providing for 
the expenditure of Federal funds on the following classes of 
highways: Forest highways, [forest development roads] National 
Forest System roads and trails, park road, parkways, Indian 
reservation roads, refuge roads, public lands highways, 
recreation roads, and defense access roads. All such 
authorizations and appropriations shall continue in full force 
and effect, but hereafter obligations entered into and 
expenditures made pursuant thereto shall be subject to the 
provisions of this title.

           *       *       *       *       *       *       *

Sec. 202. Allocations

      [(a) On October 1 of each fiscal year, the Secretary 
shall allocate the sums authorized to be appropriated for such 
fiscal year for [forest development roads] National Forest 
System roads and trails according to the relative needs of the 
various national forests. Such allocation]
    (a) Allocation Based on Need.--
            (1) In general.--On October 1 of each fiscal year, 
        the Secretary shall allocate sums authorized to be 
        appropriated for the fiscal year for forest development 
        roads and trails according to the relative needs of the 
        various national forests and grassland.
            (2) Planning.--The allocation under paragraph (1) 
        shall be consistent with the renewable resource and 
        land use planning for the various national forests.
      [(b) On October 1 of each fiscal year, the Secretary 
shall allocate 34 percent of the sums authorized to be 
appropriated for such fiscal year for public lands highways 
among those States having unappropriated or unreserved public 
lands, nontaxable Indian lands or other Federal reservations, 
on the basis of need in such States, respectively, as 
determined by the Secretary upon application of the State 
transportation departments of the respective States. The 
Secretary shall give preference to those projects which are 
significantly impacted by Federal land and resource management 
activities which are proposed by a State which contains at 
least 3 percent of the total public lands in the Nation. The 
Secretary shall allocate 66 percent of the remainder of the 
authorization for public lands highways for each fiscal year as 
is provided in section 134 of the Federal-Aid Highway Act of 
1987, and with respect to these allocations the Secretary shall 
give equal consideration to projects that provide access to and 
within the National Forest System, as identified by the 
Secretary of Agriculture through renewable resources and land 
use planning and the impact of such planning on existing 
transportation facilities.]
    (b) Allocation for Public Lands Highways.--
            (1) Public lands highways.--
                    (A) In general.--On October 1 of each 
                fiscal year, the Secretary shall allocate 33\1/
                3\ percent of the sums authorized to be 
                appropriated for that fiscal year for public 
                lands highways among those States having 
                unappropriated or unreserved public lands, or 
                nontaxable Indian lands or other Federal 
                reservations, on the basis of need in the 
                States, respectively, as determined by the 
                Secretary, on application of the State 
                transportation departments of the respective 
                States.
                    (B) Preference.--In making the allocation 
                under subparagraph (A), the Secretary shall 
                give preference to those projects that are 
                significantly impacted by Federal land and 
                resource management activities that are 
                proposed by a State that contains at least 3 
                percent of the total public land in the United 
                States.
            (2) National forest system.--
                    (A) In general.--On October 1 of each 
                fiscal year, the Secretary shall allocate 66\2/
                3\ percent of the funds authorized to be 
                appropriated for public lands highways for 
                forest highways in accordance with section 134 
                of the Federal-Aid Highway Act of 1987 (23 
                U.S.C. 202 note; 101 Stat. 173).
                    (B) Public access to and within national 
                forest system.--In making the allocation under 
                subparagraph (A), the Secretary shall give 
                equal consideration to projects that provide 
                access to and within the National Forest 
                System, as identified by the Secretary of 
                Agriculture through--
                            (i) renewable resource and land use 
                        planning; and
                            (ii) assessments of the impact of 
                        that planning on transportation 
                        facilities.
      [(c) On]
    (c) Park Roads and Parkways.--
            (1) In general.--On October 1 of each fiscal year, 
        the Secretary shall allocate the sums authorized to be 
        appropriated for such fiscal year for park roads and 
        parkways each according to the relative needs of the 
        various elements of the national park system, taking 
        into consideration the need for access as identified 
        through land use planning and the impact of such 
        planning on existing transportation facilities.
            (2) Priority.--
                    (A) Definition of qualifying national 
                park.--In this paragraph, the term ``qualifying 
                national park'' means a National Park that is 
                used more than 1,000,000 recreational visitor 
                days per year, based on an average of the 3 
                most recent years of available data from the 
                National Park Service.
                    (B) Priority.--Notwithstanding any other 
                provision of law, with respect to funds 
                authorized for park roads and parkways, the 
                Secretary shall give priority in the allocation 
                of funds to projects for highways that--
                            (i) are located in, or provide 
                        access to, a qualifying National Park; 
                        and
                            (ii) were initially constructed 
                        before 1940.
                    (C) Priority conflicts.--If there is a 
                conflict between projects described in 
                subparagraph (B), the Secretary shall give 
                highest priority to projects that--
                            (i) are in, or that provide access 
                        to, parks that are adjacent to a 
                        National Park of a foreign country; or
                            (ii) are located in more than 1 
                        State;
      (d) Indian Reservation Roads.--
            (1) For fiscal years ending before october 1, 
        [1999]2005.--On October 1 of each fiscal year ending 
        before October 1, [1999] 2005, the Secretary shall 
        allocate the sums authorized to be appropriated for 
        such fiscal year for Indian reservation roads according 
        to the relative needs of the various reservations as 
        jointly identified by the Secretary and the Secretary 
        of the Interior.
            (2) Fiscal year [2000] 2005 and thereafter.--
                    (A) In general.--All funds authorized to be 
                appropriated for Indian reservation roads shall 
                be allocated among Indian tribes for fiscal 
                year [2000] 2005 and each subsequent fiscal 
                year in accordance with a formula established 
                by the Secretary of the Interior under a 
                negotiated rulemaking procedure under 
                subchapter III of chapter 5 of title 5.
                    (B) Regulations.--Notwithstanding sections 
                563(a) and 565(a) of title 5, the Secretary of 
                the Interior shall issue regulations governing 
                the Indian reservation roads program, and 
                establishing the funding formula for fiscal 
                year 2000 and each subsequent fiscal year under 
                this paragraph, in accordance with a negotiated 
                rulemaking procedure under subchapter III of 
                chapter 5 of title 5. The regulations shall be 
                issued in final form not later than April 1, 
                [1999] 2004, and shall take effect not later 
                than October 1, 1999.
                    (C) Negotiated rulemaking committee.--In 
                establishing a negotiated rulemaking committee 
                to carry out subparagraph (B), the Secretary of 
                the Interior shall--
                            (i) apply the procedures under 
                        subchapter III of chapter 5 of title 5 
                        in a manner that reflects the unique 
                        government-to-government relationship 
                        between the Indian tribes and the 
                        United States; and
                            (ii) ensure that the membership of 
                        the committee includes only 
                        representatives of the Federal 
                        Government and of geographically 
                        diverse small, medium, and large Indian 
                        tribes.
                    (D) Basis for funding formula.--The funding 
                formula established for fiscal year 2000 and 
                each subsequent fiscal year under this 
                paragraph shall be based on factors that 
                reflect--
                            (i) the relative needs of the 
                        Indian tribes, and reservation or 
                        tribal communities, for transportation 
                        assistance; and
                            (ii) the relative administrative 
                        capacities of, and challenges faced by, 
                        various Indian tribes, including the 
                        cost of road construction in each 
                        Bureau of Indian Affairs area, 
                        geographic isolation and difficulty in 
                        maintaining all-weather access to 
                        employment, commerce, health, safety, 
                        and educational resources.
                    (E) Transferred funds.--
                            (i) In general.--Not later than 30 
                        days after the date on which funds are 
                        made available to the Secretary of the 
                        Interior under this paragraph, the 
                        funds shall be distributed to, and 
                        available for immediate use by, the 
                        eligible Indian tribes, in accordance 
                        with the formula applicable for each 
                        fiscal year.
                            (ii) Formula.--If the Secretary of 
                        the Interior has not promulgated final 
                        regulations for the distribution of 
                        funds under clause (i) for a fiscal 
                        year by the date on which the funds for 
                        the fiscal year are required to be 
                        distributed under that clause, the 
                        Secretary of the Interior shall 
                        distribute the funds under clause (i) 
                        in accordance with the applicable 
                        funding formula for the preceding year.
            (3) Contracts and agreements with indian tribes.--
                    (A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, 
                program guideline, manual, or policy directive, 
                all funds made available [under this title] 
                under this chapter and section 125(e) for 
                Indian reservation roads and for highway 
                bridges located on Indian reservation roads to 
                pay for the costs of programs, services, 
                functions, and activities, or portions thereof, 
                that are specifically or functionally related 
                to the cost of planning, research, engineering, 
                and construction of any highway, road, bridge, 
                parkway, or transit facility that provides 
                access to or is located within the reservation 
                or community of an Indian tribe shall be made 
                available, upon request of the Indian tribal 
                government, to the Indian tribal government for 
                contracts and agreements for such planning, 
                research, engineering, and construction in 
                accordance with the Indian Self-Determination 
                and Education Assistance Act and the approved 
                Indian reservation road transportation 
                improvement program.
                    (B) Exclusion of agency participation.--
                Funds for programs, functions, services, or 
                activities, or portions thereof, including 
                supportive administrative functions that are 
                otherwise contractible to which subparagraph 
                (A) applies, shall be paid in accordance with 
                subparagraph (A) without regard to the 
                organizational level at which the Department of 
                the Interior that has previously carried out 
                such programs, functions, services, or 
                activities.
            (4) Reservation of funds.--
                    (A) Nationwide priority program.--The 
                Secretary shall establish a nationwide priority 
                program for improving deficient Indian 
                reservation road bridges.
                    [(B) Reservation.--Of the amounts 
                authorized to be appropriated for Indian 
                reservation roads for each fiscal year, the 
                Secretary, in cooperation with the Secretary of 
                the Interior, shall reserve not less than 
                $13,000,000 for projects to replace,]
                    (B) Funding.--
                            (i) Reservation of funds.--Of the 
                        amounts authorized to be appropriated 
                        for Indian reservation roads for each 
                        fiscal year, the Secretary, in 
                        cooperation with the Secretary of the 
                        Interior, shall reserve not less than 
                        $15,000,000 for each of fiscal years 
                        2004 through 2009 to carry out 
                        planning, design, engineering, 
                        preconstruction, construction, and 
                        inspection of projects to replace, 
                        rehabilitate, seismically retrofit, 
                        paint, apply calcium magnesium acetate, 
                        sodium acetate/formate, or other 
                        environmentally acceptable, minimally 
                        corrosive anti-icing and de-icing 
                        compositions or install scour 
                        countermeasures for deficient Indian 
                        reservation road bridges, including 
                        multiple-pipe culverts.
                            (ii) Availability.--Funds made 
                        available to carry out this 
                        subparagraph shall be available for 
                        obligation in the same manner as if the 
                        funds were apportioned under chapter 1.
                    (C) Eligible bridges.--To be eligible to 
                receive funding under this subsection, a bridge 
                described in subparagraph (A) must--
                            (i) have an opening of 20 feet or 
                        more;
                            (ii) be on an Indian reservation 
                        road;
                            (iii) be unsafe because of 
                        structural deficiencies, physical 
                        deterioration, or functional 
                        obsolescence; and
                            (iv) be recorded in the national 
                        bridge inventory administered by the 
                        Secretary under subsection (b).
                    [(D) Approval requirement.--Funds to carry 
                out Indian reservation road bridge projects 
                under this subsection shall be made available 
                only on approval of plans, specifications, and 
                estimates by the Secretary.]
                    (D) Approval requirement.--
                            (i) In general.--Subject to clause 
                        (ii), on request by an Indian tribe or 
                        the Secretary of the Interior, the 
                        Secretary may make funds available 
                        under this subsection for preliminary 
                        engineering for Indian reservation road 
                        bridge projects.
                            (ii) Construction and construction 
                        engineering.--The Secretary may make 
                        funds available under clause (i) for 
                        construction and construction 
                        engineering only after approval by the 
                        Secretary of applicable plans, 
                        specifications, and estimates.
    (e) Refuge Roads.--On October 1 of each fiscal year, the 
Secretary shall allocate the sums made available for that 
fiscal year for refuge roads according to the relative needs of 
the various refuges in the National Wildlife [Refuge System] 
Refuge System and the various national fish hatcheries, and 
taking into consideration--
            (1) the comprehensive conservation plan for each 
        refuge;
            (2) the need for access as identified through land 
        use planning; and
            (3) the impact of land use planning on existing 
        transportation facilities.
    (f) Administration of Indian Reservation Roads.--
Notwithstanding any other provision of law, for any fiscal year 
not more than 6 percent of the contract authority amounts made 
available from the Highway Trust Fund to the Bureau of Indian 
Affairs under this title shall be used to pay the expenses 
incurred by the Bureau in administering the Indian reservation 
roads program (including the administrative expenses relating 
to individual projects associated with the Indian reservation 
roads program).
    (g) Safety.--Subject to paragraph (2), on October 1 of each 
fiscal year, the Secretary shall allocate the sums authorized 
to be appropriated for the fiscal year for safety as follows:
            (1) 12 percent to the Bureau of Reclamation.
            (2) 18 percent to the Bureau of Indian Affairs.
            (3) 17 percent to the Bureau of Land Management.
            (4) 17 percent to the Forest Service.
            (5) 7 percent to the United States Fish and 
        Wildlife Service.
            (6) 17 percent to the National Park Service.
            (7) 12 percent to the Corps of Engineers.
    (h) Recreation Roads.--
            (1) In general.--Subject to paragraphs (2) and (3), 
        on October 1 of each fiscal year, the Secretary, after 
        completing the transfer under subsection 204(i), shall 
        allocate the sums authorized to be appropriated for the 
        fiscal year for recreation roads as follows:
                    (A) 8 percent to the Bureau of Reclamation.
                    (B) 9 percent to the Corps of Engineers.
                    (C) 13 percent to the Bureau of Land 
                Management.
                    (D) 70 percent to the Forest Service.
            (2) Allocation within agencies.--Recreation road 
        funds allocated to a Federal agency under paragraph (1) 
        shall be allocated for projects and activities of the 
        Federal agency according to the relative needs of each 
        area served by recreation roads under the jurisdiction 
        of the Federal agency, as indicated in the approved 
        transportation improvement program for each Federal 
        agency.

           *       *       *       *       *       *       *

Sec. 203. Availability of funds

      Funds authorized for [forest development roads] National 
Forest System roads and trails, public lands development roads 
and trails, park road, parkways, refuge roads, safety projects 
or activities Indian reservation roads, recreation roads and 
public lands highways shall be available for contract upon 
apportionment, or on October 1, of the fiscal year for which 
authorized if no apportionment is required. Any amount 
remaining unexpended for a period of three years after the 
close of the fiscal year for which authorized shall lapse. The 
Secretary of the Department charged with the administration of 
such funds is granted authority to incur obligations, approve 
projects, and enter into contracts under such authorizations 
and his action in doing so shall be deemed a contractual 
obligation of the United States for the payment of the cost 
thereof and such funds shall be deemed to have been expended 
when so obligated. Any funds heretofore or hereafter authorized 
for any fiscal year for forest development roads and trails, 
public lands development roads and trails, park road, parkways, 
refuge roads, safety projects or activities Indian roads, 
recreation roads and public lands highways shall be deemed to 
have been expended if a sum equal to the total of the sums 
authorized for such fiscal year and previous fiscal years since 
and including the fiscal year ending June 30, 1955, shall have 
been obligated. Any of such funds released by payment of final 
voucher or modification of project authorizations shall be 
credited to the balance of unobligated authorizations and be 
immediately available for expenditure. Notwithstanding any 
other provision of law, the authorization by the Secretary of 
engineering and related work for a Federal lands highways 
program project, or the approval by the Secretary of plans, 
specifications, and estimates for construction of a Federal 
lands highways program project, shall be deemed to constitute a 
contractual obligation of the Federal Government to pay the 
Federal share of the cost of the project.

           *       *       *       *       *       *       *

Sec. 204. Federal Lands Highways Program

    (a) Establishment.--
            (1) In general.--Recognizing the need for all 
        Federal roads that are public roads to be treated under 
        uniform policies similar to the policies that apply to 
        Federal-aid highways, there is established a 
        coordinated Federal lands highways program that shall 
        apply to [public lands highways,] public lands 
        highways, recreation roads, and forest highways park 
        roads and parkways,refuge roads and Indian reservation 
        roads and bridges.
            (2) Transportation planning procedures.--In 
        consultation with the Secretary of each appropriate 
        Federal land management agency, the Secretary shall 
        develop, by rule, transportation planning procedures 
        that are consistent with the metropolitan and statewide 
        planning processes required under sections 134 and 135.
            (3) Approval of transportation improvement 
        program.--The transportation improvement program 
        developed as a part of the transportation planning 
        process under this section shall be approved by the 
        Secretary.
            (4) Inclusion in other plans.--All regionally 
        significant Federal lands highways program projects--
                    (A) shall be developed in cooperation with 
                States and metropolitan planning organizations; 
                and
                    (B) shall be included in appropriate 
                Federal lands highways program, State, and 
                metropolitan plans and transportation 
                improvement programs.
            (5) Inclusion in state programs.--The approved 
        Federal lands highways program transportation 
        improvement program shall be included in appropriate 
        State and metropolitan planning organization plans and 
        programs without further action on the transportation 
        improvement program.
            (6) Development of systems.--The Secretary and the 
        Secretary of each appropriate Federal land management 
        agency shall, to the extent appropriate, develop by 
        rule safety, bridge, pavement, and congestion 
        management systems for roads funded under the Federal 
        lands highways program.
    [(b) Funds available for public lands highways, park roads 
and parkways, and Indian reservation roads shall be used by the 
Secretary and the Secretary of the appropriate Federal land 
management agency to pay for the cost of transportation 
planning, research, engineering, and construction of the 
highways, roads, and parkways, or of transit facilities within 
public lands, national parks, and Indian reservations. In 
connection with activities under the preceding sentence, the 
Secretary and the Secretary of the appropriate Federal land 
management agency may enter into construction contracts and 
other appropriate contracts with a State or civil subdivision 
of a State or Indian tribe. In the case of Indian reservation 
roads, Indian labor may be employed in such construction and 
improvement under such rules and regulations as may be 
prescribed by the Secretary of the Interior. No ceiling on 
Federal employment shall be applicable to construction or 
improvement of Indian reservation roads. Funds available for 
each class of Federal lands highways shall be available for any 
kind of transportation project eligible for assistance under 
this title that is within or adjacent to or provides access to 
the areas served by the particular class of Federal lands 
highways. The Secretary of Interior may reserve funds from the 
Bureau of Indian Affairs' administrative funds associated with 
the Indian reservation roads program to finance the Indian 
technical centers authorized under section 504(b).]
    (b) Use of Funds.--
            (1) In general.--Funds available for public lands 
        highways, recreation roads, park roads and parkways, 
        forest highways, and Indian reservation roads shall be 
        used by the Secretary and the Secretary of the 
        appropriate Federal land management agency to pay the 
        cost of transportation planning, research, engineering, 
        operation and maintenance of transit facilities, and 
        construction of the highways, roads, parkways, forest 
        highways, and transit facilities located on public 
        land, national parks, and Indian reservations.
            (2) Contract.--In connection with an activity 
        described in paragraph (1), the Secretary and the 
        Secretary of the appropriate Federal land management 
        agency may enter into a construction contract or other 
        appropriate agreement with--
                    (A) a State (including a political 
                subdivision of a State); or
                    (B) an Indian tribe.
            (3) Indian reservation roads.--In the case of an 
        Indian reservation road--
                    (A) Indian labor may be used, in accordance 
                with such rules and regulations as may be 
                promulgated by the Secretary of the Interior, 
                to carry out any construction or other activity 
                described in paragraph (1); and
                    (B) funds made available to carry out this 
                section may be used to pay bridge 
                preconstruction costs (including planning, 
                design, and engineering).
            (4) Federal employment.--No maximum on Federal 
        employment shall be applicable to construction or 
        improvement of Indian reservation roads.
            (5) Availability of funds.--Funds available under 
        this section for each class of Federal lands highway 
        shall be available for any kind of transportation 
        project eligible for assistance under this title that 
        is within or adjacent to, or that provides access to, 
        the areas served by the particular class of Federal 
        lands highway.
            (6) Reservation of funds.--The Secretary of the 
        Interior may reserve funds from administrative funds of 
        the Bureau of Indian Affairs that are associated with 
        the Indian reservation road program to finance the 
        Indian technical centers authorized under section 
        504(b).
    (c) Before approving as a project on an Indian reservation 
road any project eligible for funds apportioned under section 
104 or section 144 of this title in a State, the Secretary must 
determine that the obligation of funds for such project is 
supplementary to and not in lieu of the obligation, for 
projects on Indian reservation roads, of a fair and equitable 
share of funds apportioned to such State under section 104 of 
this title. Notwithstanding any other provision of this title, 
Indian reservation roads under the jurisdiction of the Bureau 
of Indian Affairs of the Department of the Interior shall be 
eligible to expend not more than 15 percent funds apportioned 
for Indian reservation roads from the Highway Trust Fund for 
the purpose of road sealing projects. The Bureau of Indian 
Affairs shall continue to retain responsibility, including 
annual funding request responsibility, for road maintenance 
programs on Indian reservations.
    (d) Cooperation of States, counties, or other local 
subdivisions may be accepted in construction and improvement, 
and any funds received from a State, county, or local 
subdivision shall be credited to appropriations available for 
the class of Federal lands highways to which such funds were 
contributed.
    (e) Construction of each project shall be performed by 
contract awarded by competitive bidding, unless the Secretary 
or the Secretary of the appropriate Federal land management 
agency shall affirmatively find that, under the circumstances 
relating to such project, some other method is in the public 
interest. Notwithstanding the foregoing, the provisions of 
section 23 of the ``Buy Indian'' Act of June 25, 1910 (36 Stat. 
891), and the provisions of section 7(b) of the Indian Self-
Determination and Education Assistance Act (88 Stat. 2205) 
shall apply to all funds administered by the Secretary of the 
Interior which are appropriated for the construction and 
improvement of Indian reservation roads.
    (f) All appropriations for the construction and improvement 
of each class of Federal lands highways shall be administered 
in conformity with regulations and agreements jointly approved 
by the Secretary and the Secretary of the appropriate Federal 
land managing agency.
    (g) The Secretary shall transfer to the Secretary of 
Agriculture from appropriations for forest highways such 
amounts as may be needed to cover necessary administrative 
expenses of the Forest Service in connection with forest 
highways.
    (h) Eligible Projects.--Funds available for each class of 
Federal lands highways may be available for the following:
            (1) Transportation planning for tourism and 
        recreational travel including the National Forest 
        Scenic Byways Program, Bureau of Land Management Back 
        Country Byways Program, National Trail System Program, 
        and other similar Federal programs that benefit 
        recreational development.
            (2) Adjacent vehicular parking areas.
            (3) Interpretive signage.
            (4) Acquisition of necessary scenic easements and 
        scenic or historic sites.
            (5) Provision for pedestrians and bicycles.
            (6) Construction and reconstruction of roadside 
        rest areas including sanitary and water facilities.
            (7) Other appropriate public road facilities such 
        as visitor centers as determined by the Secretary.
            (8) A project to build a replacement of the 
        federally owned bridge over the Hoover Dam in the Lake 
        Mead National Recreation Area between Nevada and 
        Arizona.
    (i) Transfers of Costs to Secretaries of Federal Land 
Management Agencies.--
            (1) Administrative costs.--The Secretary shall 
        transfer to the appropriate Federal land management 
        agency from amounts made available for [public lands 
        highways] public lands highways, recreation roads, and 
        forest highways such amounts as are necessary to pay 
        necessary administrative costs of the agency in 
        connection with public lands highways.
            (2) Transportation planning costs.--The Secretary 
        shall transfer to the appropriate Federal land 
        management agency from amounts made available for 
        [public lands highways] public lands highways, 
        recreation roads, and forest highways such amounts as 
        are necessary to pay the cost to the agency to conduct 
        necessary transportation planning for Federal lands, if 
        funding for the planning is not otherwise provided 
        under this section.
    (j) Indian Reservation Roads Planning.--Up to 2 percent of 
funds made available for Indian reservation roads for each 
fiscal year shall be allocated to those Indian tribal 
governments applying for transportation planning pursuant to 
the provisions of the Indian Self-Determination and Education 
Assistance Act. The Indian tribal government, in cooperation 
with the Secretary of the Interior, and as appropriate, with a 
State, local government, or metropolitan planning organization, 
shall carry out a transportation planning process in accordance 
with subsection (a). Projects shall be selected by the Indian 
tribal government from the transportation improvement program 
and shall be subject to the approval of the Secretary of the 
Interior and the Secretary.
    (k) Refuge Roads.--
            (1) In general.--Notwithstanding any other 
        provision of this title, funds made available for 
        refuge roads shall be used by the Secretary and the 
        Secretary of the Interior only to pay the cost of--
                    (A) maintenance and improvements of refuge 
                roads;
                    (B) maintenance and improvements of 
                eligible projects described in paragraphs [(2), 
                (5),] (2), (3), (5), and (6) of subsection (h) 
                that are located in or adjacent to wildlife 
                refuges; [and]
                    (C) administrative costs associated with 
                such maintenance and improvements[.];
                    (D) maintenance of public roads in national 
                fish hatcheries under the jurisdiction of the 
                United States Fish and Wildlife Service;
                    (E) the non-Federal share of the cost of 
                any project funded under this title or chapter 
                53 of title 49 that provides access to or 
                within a wildlife refuge; and
                    (F) maintenance and improvement of 
                recreational trails (except that expenditures 
                on trails under this subparagraph shall not 
                exceed 5 percent of available funds for each 
                fiscal year).
            (2) Contracts.--In carrying out paragraph (1), the 
        Secretary and the Secretary of the Interior, as 
        appropriate, may enter into contracts with a State or 
        civil subdivision of a State or Indian tribe as is 
        determined advisable.
            (3) Compliance with other law.--Funds made 
        available for refuge roads shall be used only for 
        projects that are in compliance with the National 
        Wildlife Refuge System Administration Act of 1966 (16 
        U.S.C. 668dd et seq.).
    (l) Safety Activities.--
            (1) In general.--Notwithstanding any other 
        provision of this title, funds made available for 
        safety under this title shall be used by the Secretary 
        and the head of the appropriate Federal land management 
        agency only to pay the costs of carrying out--
                    (A) transportation safety improvement 
                activities;
                    (B) activities to eliminate high-accident 
                locations;
                    (C) projects to implement protective 
                measures at, or eliminate, at-grade railway-
                highway crossings;
                    (D) collection of safety information;
                    (E) transportation planning projects or 
                activities;
                    (F) bridge inspection;
                    (G) development and operation of safety 
                management systems;
                    (H) highway safety education programs; and
                    (I) other eligible safety projects and 
                activities authorized under chapter 4.
            (2) Contracts.--In carrying out paragraph (1), the 
        Secretary and the Secretary of the appropriate Federal 
        land management agency may enter into contracts or 
        agreements with--
                    (A) a State;
                    (B) a political subdivision of a State; or
                    (C) an Indian tribe.
            (3) Exception.--The cost sharing requirements under 
        the Federal Water Project Recreation Act (16 U.S.C. 
        460l-12 et seq.) shall not apply to funds made 
        available to the Bureau of Reclamation under this 
        subsection.
    (m) Recreation Roads.--
            (1) In general.--Notwithstanding any other 
        provision of this title, funds made available for 
        recreation roads under this title shall be used by the 
        Secretary and the Secretary of the appropriate Federal 
        land management agency only to pay the cost of--
                    (A) maintenance or improvements of existing 
                recreation roads;
                    (B) maintenance and improvements of 
                eligible projects described in paragraph (1), 
                (2), (3), (5), or (6) of subsection (h) that 
                are located in or adjacent to Federal land 
                under the jurisdiction of--
                            (i) the Department of Agriculture
                            (ii) the Department of Defense; or
                            (iii) the Department of the 
                        Interior;
                    (C) transportation planning and 
                administrative activities associated with those 
                maintenance and improvements; and
                    (D) the non-Federal share of the cost of 
                any project funded under this title or chapter 
                53 of title 49 that provides access to or 
                within Federal land described in subparagraph 
                (B).
            (2) Contracts.--In carrying out paragraph (1), the 
        Secretary and the Secretary of the appropriate Federal 
        land management agency may enter into contracts or 
        agreements with--
                    (A) a State;
                    (B) a political subdivision of a State; or
                    (C) an Indian tribe.
            (3) New roads.--No funds made available under this 
        section shall be used to pay the cost of the design or 
        construction of new recreation roads.
            (4) Compliance with other environmental laws.--A 
        maintenance or improvement project that is funded under 
        this subsection, and that is consistent with or has 
        been identified in a land use plan for an area under 
        the jurisdiction of a Federal agency, shall not require 
        any additional environmental reviews or assessments 
        under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) if--
                    (A) the Federal agency that promulgated the 
                land use plan analyzed the specific proposal 
                for the maintenance or improvement project 
                under that Act; and
                    (B) as of the date on which the funds are 
                to be expended, there are--
                            (i) no significant changes to the 
                        proposal bearing on environmental 
                        concerns; and
                            (ii) no significant new 
                        information.
            (5) Exception.--The cost sharing requirements under 
        the Federal Water Project Recreation Act (16 U.S.C. 
        460l-12 et seq.) shall not apply to funds made 
        available to the Bureau of Reclamation under this 
        subsection.
    (n) Tribal-State Road Maintenance Agreements.--
            (1) In general.--Notwithstanding any other 
        provision of law, regulation, policy, or guideline, an 
        Indian tribe and a State may enter into a road 
        maintenance agreement under which an Indian tribe 
        assumes the responsibilities of the State for--
                    (A) Indian reservation roads; and
                    (B) roads providing access to Indian 
                reservation roads.
            (2) Tribal-state agreements.--Agreements entered 
        into under paragraph (1)--
                    (A) shall be negotiated between the State 
                and the Indian tribe; and
                    (B) shall not require the approval of the 
                Secretary.
            (3) Annual report.--Effective beginning with fiscal 
        year 2004, the Secretary shall prepare and submit to 
        Congress an annual report that identifies--
                    (A) the Indian tribes and States that have 
                entered into agreements under paragraph (1);
                    (B) the number of miles of roads for which 
                Indian tribes have assumed maintenance 
                responsibilities; and
                    (C) the amount of funding transferred to 
                Indian tribes for the fiscal year under 
                agreements entered into under paragraph (1).
    (o) Forest Highways.--Of the amounts made available for 
forest highways, $15,000,000 for each fiscal year shall be used 
to repair culverts and bridges on forest highways to--I22    
(1) facilitate appropriate fish passage and ensure reasonable 
flows; and
            (2) maintain and remove such culverts and bridges 
        as appropriate.

           *       *       *       *       *       *       *

[Sec. 205. Forest development roads and trails]

Sec. 205. National Forest System roads and trails

    (a) Funds available for [forest development roads] National 
Forest System roads and trails shall be used by the Secretary 
of Agriculture to pay for the costs of construction and 
maintenance thereof, including roads and trails on experimental 
and other areas under Forest Service administration. In 
connection therewith, the Secretary of Agriculture may enter 
into contracts with a State or civil subdivision thereof, and 
issue such regulations as he deems advisable.
    (b) Cooperation of States, counties, or other local 
subdivisions may be accepted but shall not be required by the 
Secretary of Agriculture.
    (c) Construction estimated to cost $50,000 or more per mile 
or $50,000 or more per project for projects with a length of 
less than one mile, exclusive of bridges and engineering, shall 
be advertised and let to contract. If such estimated cost is 
less than $50,000 per mile or $50,000 per project for projects 
with a length of less than one mile or if, after proper 
advertising, no acceptable bid is received or the bids are 
deemed excessive, the work may be done by the Secretary of 
Agriculture on his own account.
    (d) Funds available for [forest development roads] National 
Forest System roads and trails shall be available for adjacent 
vehicular parking areas and for sanitary, water, and fire 
control facilities.]

           *       *       *       *       *       *       *

Sec. 206. Recreational trails program

    (a) Definitions.--In this section, the following 
definitions apply:
            (1) Motorized recreation.--The term ``motorized 
        recreation'' means off-road recreation using any motor-
        powered vehicle, except for a motorized wheelchair.
            (2) Recreational trail.--The term ``recreational 
        trail'' means a thoroughfare or track across land or 
        snow, used for recreational purposes such as--
                    (A) pedestrian activities, including 
                wheelchair use;
                    (B) skating or skateboarding;
                    (C) equestrian activities, including 
                carriage driving;
                    (D) nonmotorized snow trail activities, 
                including skiing;
                    (E) bicycling or use of other human-powered 
                vehicles;
                    (F) aquatic or water activities; and
                    (G) motorized vehicular activities, 
                including all-terrain vehicle riding, 
                motorcycling, snowmobiling, use of off-road 
                light trucks, or use of other off-road 
                motorized vehicles.
    (b) Program.--In accordance with this section, the 
Secretary, in consultation with the Secretary of the Interior 
and the Secretary of Agriculture, shall carry out a program to 
provide and maintain recreational trails.
    (c) State Responsibilities.--[To be eligible for 
apportionments under this section]
            (1) In general.--To be eligible for apportionments 
        under this section--
                    [(1)] (A) the Governor of the State shall 
                designate the State agency or agencies that 
                will be responsible for administering 
                apportionments made to the State under this 
                section; and
                    [(2)] (B) the State shall establish a State 
                recreational trail advisory committee that 
                represents both motorized and nonmotorized 
                recreational trail users, which shall meet not 
                less often than once per fiscal year.
            (2) Obligation requirement.--If a State does not 
        meet the requirements under paragraph (1) within a 
        fiscal year, the State shall not be eligible for an 
        apportionment in the following fiscal year.
    (d) Use of Apportioned Funds.--
            (1) In general.--Funds apportioned to a State to 
        carry out this section shall be obligated for 
        recreational trails and related projects that--
                    (A) have been planned and developed under 
                the laws, policies, and administrative 
                procedures of the State; and
                    (B) are identified in, or further a 
                specific goal of, a recreational trail plan, or 
                a statewide comprehensive outdoor recreation 
                plan required by the Land and Water 
                Conservation Fund Act of 1965 (16 U.S.C. 460l-4 
                et seq.), that is in effect.
            [(2) Permissible uses.--Permissible uses of funds 
        apportioned to a State for a fiscal year to carry out 
        this section include--
                    [(A) maintenance and restoration of 
                existing recreational trails;
                    [(B) development and rehabilitation of 
                trailside and trailhead facilities and trail 
                linkages for recreational trails;
                    [(C) purchase and lease of recreational 
                trail construction and maintenance equipment;
                    [(D) construction of new recreational 
                trails, except that, in the case of new 
                recreational trails crossing Federal lands, 
                construction of the trails shall be--
                            [(i) permissible under other law;
                            [(ii) necessary and required by a 
                        statewide comprehensive outdoor 
                        recreation plan that is required by the 
                        Land and Water Conservation Fund Act of 
                        1965 (16 U.S.C. 460l-4 et seq.) and 
                        that is in effect;
                            [(iii) approved by the 
                        administering agency of the State 
                        designated under subsection (c)(1); and
                            [(iv) approved by each Federal 
                        agency having jurisdiction over the 
                        affected lands under such terms and 
                        conditions as the head of the Federal 
                        agency determines to be appropriate, 
                        except that the approval shall be 
                        contingent on compliance by the Federal 
                        agency with all applicable laws, 
                        including the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et 
                        seq.), the Forest and Rangeland 
                        Renewable Resources Planning Act of 
                        1974 (16 U.S.C. 1600 et seq.), and the 
                        Federal Land Policy and Management Act 
                        of 1976 (43 U.S.C. 1701 et seq.);
                    [(E) acquisition of easements and fee 
                simple title to property for recreational 
                trails or recreational trail corridors;
                    [(F) payment of costs to the State incurred 
                in administering the program, but in an amount 
                not to exceed 7 percent of the apportionment 
                made to the State for the fiscal year to carry 
                out this section; and
                    [(G) operation of educational programs to 
                promote safety and environmental protection as 
                those objectives relate to the use of 
                recreational trails, but in an amount not to 
                exceed 5 percent of the apportionment made to 
                the State for the fiscal year.]
            (2) Permissible uses.--Permissible uses of funds 
        apportioned to a State for a fiscal year to carry out 
        this section include--
                    (A) maintenance and restoration of 
                recreational trails;
                    (B) development and rehabilitation of 
                trailside and trailhead facilities and trail 
                linkages for recreational trails;
                    (C) purchase and lease of recreational 
                trail construction and maintenance equipment;
                    (D) construction of new recreational 
                trails, except that, in the case of new 
                recreational trails crossing Federal land, 
                construction of the trails shall be--
                            (i) permissible under other law;
                            (ii) necessary and recommended by a 
                        statewide comprehensive outdoor 
                        recreation plan that is--
                                    (I) required under the Land 
                                and Water Conservation Fund Act 
                                of 1965 (16 U.S.C. 460l-4 et 
                                seq.); and
                                    (II) in effect;
                            (iii) approved by the administering 
                        agency of the State designated under 
                        subsection (c)(1)(A); and
                            (iv) approved by each Federal 
                        agency having jurisdiction over the 
                        affected land, under such terms and 
                        conditions as the head of the Federal 
                        agency determines to be appropriate, 
                        except that the approval shall be 
                        contingent on compliance by the Federal 
                        agency with all applicable laws, 
                        including--
                                    (I) the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et. seq.);
                                    (II) the Forest and 
                                Rangeland Renewable Resources 
                                Planning Act of 1974 (16 U.S.C. 
                                1600 et. seq.); and
                                    (III) the Federal Land 
                                Policy and Management Act of 
                                1976 (43 U.S.C. 1701 et. seq.);
                    (E) acquisition of easements and fee simple 
                title to property for recreational trails or 
                recreational trail corridors;
                    (F) assessment of trail conditions for 
                accessibility and maintenance;
                    (G) use of trail crews, youth conservation 
                or service corps, or other appropriate means to 
                carry out activities under this section;
                    (H) development and dissemination of 
                publications and operation of educational 
                programs to promote safety and environmental 
                protection, as those objectives relate to the 
                use of recreational trails, supporting non-law 
                enforcement trail safety and trail use 
                monitoring patrol programs, and providing 
                trail-related training, but in an amount not to 
                exceed 5 percent of the apportionment made to 
                the State for the fiscal year; and
                    (I) payment of costs to the State incurred 
                in administering the program, but in an amount 
                not to exceed 7 percent of the apportionment 
                made to the State for the fiscal year to carry 
                out this section.
            (3) Use of apportionments.--
                    (A) In general.--Except as provided in 
                subparagraphs (B), (C), and (D), of the 
                apportionments made to a State for a fiscal 
                year to carry out this section--
                            (i) 40 percent shall be used for 
                        recreational trail or related projects 
                        that facilitate diverse recreational 
                        trail use within a recreational trail 
                        corridor, trailside, or trailhead, 
                        regardless of whether the project is 
                        for diverse motorized use, for diverse 
                        nonmotorized use, or to accommodate 
                        both motorized and nonmotorized 
                        recreational trail use;
                            (ii) 30 percent shall be used for 
                        uses relating to motorized recreation; 
                        and
                            (iii) 30 percent shall be used for 
                        uses relating to nonmotorized 
                        recreation.
                    (B) Small state exclusion.--Any State with 
                a total land area of less than 3,500,000 acres 
                shall be exempt from the requirements of 
                clauses (ii) and (iii) of subparagraph (A).
                    (C) Waiver authority.--A State recreational 
                trail advisory committee established under 
                subsection (c)(2) may waive, in whole or in 
                part, the requirements of clauses (ii) and 
                (iii) of subparagraph (A) if the State 
                recreational trail advisory committee 
                determines and notifies the Secretary that the 
                State does not have sufficient projects to meet 
                the requirements of clauses (ii) and (iii) of 
                subparagraph (A).
                    (D) State administrative costs.--State 
                administrative costs eligible for funding under 
                paragraph [(2)(F)] (2)(I) shall be exempt from 
                the requirements of subparagraph (A).
                    (E) Use of youth conservation or service 
                corps.--A State shall make available not less 
                than 10 percent of the apportionments of the 
                State to provide grants to, or to enter into 
                cooperative agreements or contracts with, 
                qualified youth conservation or service corps 
                to perform recreational trails program 
                activities.
            (4) Grants.--
                    (A) In general.--A State may use funds 
                apportioned to the State to carry out this 
                section to make grants to private 
                organizations, municipal, county, State, and 
                Federal Government entities, and other 
                government entities as approved by the State 
                after considering guidance from the State 
                recreational trail advisory committee 
                established under subsection (c)(2), for uses 
                consistent with this section.
                    (B) Compliance.--A State that makes grants 
                under subparagraph (A) shall establish measures 
                to verify that recipients of the grants comply 
                with the conditions of the program for the use 
                of grant funds.
    (e) Environmental Benefit or Mitigation.--To the extent 
practicable and consistent with the other requirements of this 
section, a State should give consideration to project proposals 
that provide for the redesign, reconstruction, nonroutine 
maintenance, or relocation of recreational trails to benefit 
the natural environment or to mitigate and minimize the impact 
to the natural environment.
    (f) Federal Share.--
            (1) In general.--Subject to the other provisions of 
        this subsection, the Federal share of the cost of a 
        project and the Federal share of the administrative 
        costs of a State under this section shall [not exceed 
        80 percent] be determined in accordance with section 
        120(b).
            (2) Federal agency project sponsor.--
        Notwithstanding any other provision of law, a Federal 
        agency that sponsors a project under this section may 
        contribute additional Federal funds toward the cost of 
        a project, except that--
                    (A) the share attributable to the Secretary 
                of Transportation may not exceed [80 percent 
                of] the amount determined in accordance with 
                section 120(b) for the cost of a project under 
                this section; and
                    (B) the share attributable to the Secretary 
                and the Federal agency sponsoring the project 
                may not exceed 95 percent of the cost of a 
                project under this section.
            (3) Use of funds from federal programs to provide 
        non-federal share.--Notwithstanding any other provision 
        of law, the non-Federal share of the cost of the 
        project may include amounts made available by the 
        Federal Government under any Federal program that are--
                    (A) expended in accordance with the 
                requirements of the Federal program relating to 
                activities funded and populations served; and
                    (B) expended on a project that is eligible 
                for assistance under this section.
            (4) Use of recreational trails program funds to 
        match other federal program funds.--Notwithstanding any 
        other provision of law, funds made available under this 
        section may be used to pay the non-Federal matching 
        share for other Federal program funds that are--
                    (A) expended in accordance with the 
                requirements of the Federal program relating to 
                activities funded and populations served; and
                    (B) expended on a project that is eligible 
                for assistance under this section.
            [(4)] (5) Programmatic non-federal share.--A State 
        may allow adjustments to the non-Federal share of an 
        individual project for a fiscal year under this section 
        if the Federal share of the cost of all projects 
        carried out by the State under the program (excluding 
        projects funded under paragraph (2) or (3)) using funds 
        apportioned to the State for the fiscal year does not 
        exceed [80 percent] the Federal share as determined in 
        accordance with section 120(b).
            [(5) State administrative costs.--The Federal share 
        of the administrative costs of a State under this 
        subsection shall be determined in accordance with 
        section 120(b).]
    (g) Uses Not Permitted.--A State may not obligate funds 
apportioned to carry out this section for--
            (1) condemnation of any kind of interest in 
        property;
            (2) construction of any recreational trail on 
        National Forest System land for any motorized use 
        unless--
                    (A) the land has been designated for uses 
                other than wilderness by an approved forest 
                land and resource management plan or has been 
                released to uses other than wilderness by an 
                Act of Congress; and
                    (B) the construction is otherwise 
                consistent with the management direction in the 
                approved forest land and resource management 
                plan;
            (3) construction of any recreational trail on 
        Bureau of Land Management land for any motorized use 
        unless the land--
                    (A) has been designated for uses other than 
                wilderness by an approved Bureau of Land 
                Management resource management plan or has been 
                released to uses other than wilderness by an 
                Act of Congress; and
                    (B) the construction is otherwise 
                consistent with the management direction in the 
                approved management plan; or
            (4) upgrading, expanding, or otherwise facilitating 
        motorized use or access to recreational trails 
        predominantly used by nonmotorized recreational trail 
        users and on which, as of May 1, 1991, motorized use 
        was prohibited or had not occurred.
    (h) Project Administration.--
            (1) Credit for donations of funds, materials, 
        services, or new right-of-way.--
                    (A) In general.--Nothing in this title or 
                other law shall prevent a project sponsor from 
                offering to donate funds, materials, services, 
                or a new right-of-way for the purposes of a 
                project eligible for assistance under this 
                section. Any funds, or the fair market value of 
                any materials, services, or new right-of-way, 
                may be donated by any project sponsor and shall 
                be credited to the non-Federal share in 
                accordance with subsection (f).
                    (B) Federal project sponsors.--Any funds or 
                the fair market value of any materials or 
                services may be provided by a Federal project 
                sponsor and shall be credited to the Federal 
                agency's share in accordance with subsection 
                (f).
                    (C) Planning and environmental assessment 
                costs incurred prior to project approval.--A 
                project funded under any of subparagraphs (A) 
                through (H) of subsection (d)(2) may permit 
                preapproval planning and environmental 
                compliance costs incurred not more than 18 
                months before project approval to be credited 
                toward the non-Federal share in accordance with 
                subsection (f).
            [(2) Recreational purpose.--A project funded under 
        this section is intended to enhance recreational 
        opportunity and is not subject to section 138 of this 
        title or section 303 of title 49.]
            (2) Waiver of highway program requirements.--A 
        project funded under this section--
                    (A) is intended to enhance recreational 
                opportunity;
                    (B) is not considered to be a highway 
                project; and
                    (C) is not subject to--
                            (i) section 112, 114, 116, 134, 
                        135, 138, 217, or 301 of this title; or
                            (ii) section 303 of title 49.
            (3) Continuing recreational use.--At the option of 
        each State, funds apportioned to the State to carry out 
        this section may be treated as Land and Water 
        Conservation Fund apportionments for the purposes of 
        section 6(f)(3) of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-8(f)(3)).
            (4) Cooperation by private persons.--
                    (A) Written assurances.--As a condition of 
                making available apportionments for work on 
                recreational trails that would affect privately 
                owned land, a State shall obtain written 
                assurances that the owner of the land will 
                cooperate with the State and participate as 
                necessary in the activities to be conducted.
                    (B) Public access.--Any use of the 
                apportionments to a State to carry out this 
                section on privately owned land must be 
                accompanied by an easement or other legally 
                binding agreement that ensures public access to 
                the recreational trail improvements funded by 
                the apportionments.
    (i) Contract Authority.--Funds authorized to carry out this 
section shall be available for obligation in the same manner as 
if the funds were apportioned under chapter 1, except that the 
Federal share of the cost of a project under this section shall 
be determined in accordance with this section.

           *       *       *       *       *       *       *

[Sec. 215. Territorial highway program

    [(a) Recognizing the mutual benefits that will accrue to 
the Virgin Islands, Guam, American Samoa, and the Commonwealth 
of the Northern Mariana Islands, and to the United States from 
the improvement of highways in such territories of the United 
States, the Secretary is authorized to assist each such 
territorial government in a program for the construction and 
improvement of a system of arterial highways, and necessary 
interisland connectors designated by the Governor of such 
territory and approved by the Secretary. Federal financial 
assistance shall be granted under this subsection to such 
territories upon the basis of a Federal contribution of 100 per 
centum of the cost of any project.
    [(b) In order to establish a long-range highway development 
program, the Secretary is authorized to provide technical 
assistance for the establishment of an appropriate agency to 
administer on a continuing basis highway planning, design, 
construction and maintenance operations, the development of a 
system of arterial and collector highways, including necessary 
interisland connectors, and the establishment of advance 
acquisition of right-of-way and relocation assistance programs.
    [(c) No part of the appropriations authorized under this 
section shall be available for obligation or expenditure with 
respect to any territory until the Governor enters into an 
agreement with the Secretary providing that the government of 
such territory (1) will design and construct a system of 
arterial and collector highways, including necessary 
interisland connectors, built in accordance with standards 
approved by the Secretary; (2) will not impose any toll, or 
permit any such toll to be charged, for use by vehicles or 
persons of any portion of the facilities constructed or 
operated under the provisions of this section; (3) will provide 
for the maintenance of such facilities in a condition to 
adequately serve the needs of present and future traffic; (4) 
will implement standards for traffic operations and uniform 
traffic control devices which are approved by the Secretary.
    [(d)(1) Three per centum of the sums authorized to be 
appropriated for each fiscal year for carrying out subsection 
(a) of this section shall be available for expenditure only for 
engineering and economic surveys and investigations, for the 
planning of future highway programs and the financing thereof, 
for studies of the economy, safety, and convenience of highway 
usage and the desirable regulation and equitable taxation 
thereof, and for research and development, necessary in 
connection with the planning, design, and maintenance of the 
highway system, and the regulation and taxation of their use.
    [(2) In addition to the percentage provided in paragraph 
(1) of the subsection, not to exceed 2 per centum of sums 
authorized to be appropriated for each fiscal year for carrying 
out subsection (a) of this section may be expended upon request 
of the Governor and with the approval of the Secretary for the 
purposes enumerated in paragraph (1) of this subsection.
    [(e) None of the funds authorized to be appropriated for 
carrying out this section shall be obligated or expended for 
maintenance of the highway system.
    [(f) The provisions of chapter 1 of this title that are 
applicable to Federal-aid primary highway funds, other than 
provisions relating to the apportionment formula and provisions 
limiting the expenditure of such funds to the Federal-aid 
systems, shall apply to the funds authorized to be appropriated 
to carry out this section, except as determined by the 
Secretary to be inconsistent with this section.]

Sec. 215. Territorial highway program

    (a) Definitions.--In this section:
            (1) Program.--The term `program' means the 
        territorial highway program established under 
        subsection (b).
            (2) Territory.--The term `territory' means the any 
        of the following territories of the United States:
                    (A) American Samoa.
                    (B) The Commonwealth of the Northern 
                Mariana Islands.
                    (C) Guam.
                    (D) The United States Virgin Islands.
    (b) Program.--
            (1) In general.--Recognizing the mutual benefits 
        that will accrue to the territories and the United 
        States from the improvement of highways in the 
        territories, the Secretary may carry out a program to 
        assist each territorial government in the construction 
        and improvement of a system of arterial and collector 
        highways, and necessary inter-island connectors, that 
        is--
                    (A) designated by the Governor or chief 
                executive officer of each territory; and
                    (B) approved by the Secretary.
            (2) Federal assistance.--The Secretary shall 
        provide Federal financial assistance to territories 
        under this section in accordance with section 120(h).
    (c) Technical Assistance.--
            (1) In general.--To continue a long-range highway 
        development program, the Secretary may provide 
        technical assistance to the governments of the 
        territories to enable the territories to, on a 
        continuing basis--
                    (A) engage in highway planning;
                    (B) conduct environmental evaluations;
                    (C) administer right-of-way acquisition and 
                relocation assistance programs; and
                    (D) design, construct, operate, and 
                maintain a system of arterial and collector 
                highways, including necessary inter-island 
                connectors.
            (2) Form and terms of assistance.--Technical 
        assistance provided under paragraph (1), and the terms 
        for the sharing of information among territories 
        receiving the technical assistance, shall be included 
        in the agreement required by subsection (e).
    (d) Nonapplicability of Certain Provisions.--
            (1) In general.--Except to the extent that 
        provisions of chapter 1 are determined by the Secretary 
        to be inconsistent with the needs of the territories 
        and the intent of the program, chapter 1 (other than 
        provisions of chapter 1 relating to the apportionment 
        and allocation of funds) shall apply to funds 
        authorized to be appropriated for the program.
            (2) Applicable provisions.--The specific sections 
        of chapter 1 that are applicable to each territory, and 
        the extent of the applicability of those section, shall 
        be identified in the agreement required by subsection 
        (e).
    (e) Agreement.--
            (1) In general.--Except as provided in paragraph 
        (3), none of the funds made available for the program 
        shall be available for obligation or expenditure with 
        respect to any territory until the Governor or chief 
        executive officer of the territory enters into a new 
        agreement with the Secretary (which new agreement shall 
        be entered into not later than 1 year after the date of 
        enactment of the Safe, Accountable, Flexible, and 
        Efficient Transportation Equity Act of 2003), providing 
        that the government of the territory shall--
                    (A) implement the program in accordance 
                with applicable provisions of chapter 1 and 
                subsection (d);
                    (B) design and construct a system of 
                arterial and collector highways, including 
                necessary inter-island connectors, in 
                accordance with standards that are--
                            (i) appropriate for each territory; 
                        and
                            (ii) approved by the Secretary;
                    (C) provide for the maintenance of 
                facilities constructed or operated under this 
                section in a condition to adequately serve the 
                needs of present and future traffic; and
                    (D) implement standards for traffic 
                operations and uniform traffic control devices 
                that are approved by the Secretary.
            (2) Technical assistance.--The new agreement 
        required by paragraph (1) shall--
                    (A) specify the kind of technical 
                assistance to be provided under the program;
                    (B) include appropriate provisions 
                regarding information sharing among the 
                territories; and
                    (C) delineate the oversight role and 
                responsibilities of the territories and the 
                Secretary.
            (3) Review and revision of agreement.--The new 
        agreement entered into under paragraph (1) shall be 
        reevaluated and, as necessary, revised, at least every 
        2 years.
            (4) Existing agreements.--With respect to an 
        agreement between the Secretary and the Governor or 
        chief executive officer of a territory that is in 
        effect as of the date of enactment of the Safe, 
        Accountable, Flexible, and Efficient Transportation 
        Equity Act of 2003--
                    (A) the agreement shall continue in force 
                until replaced by a new agreement in accordance 
                with paragraph (1); and
                    (B) amounts made available for the program 
                under the agreement shall be available for 
                obligation or expenditure so long as the 
                agreement, or a new agreement under paragraph 
                (1), is in effect.
    (f) Permissible Uses of Funds.--
            (1) In general.--Funds made available for the 
        program may be used only for the following projects and 
        activities carried out in a territory:
                    (A) Eligible surface transportation program 
                projects described in section 133(b).
                    (B) Cost-effective, preventive maintenance 
                consistent with section 116.
                    (C) Ferry boats, terminal facilities, and 
                approaches, in accordance with subsections (b) 
                and (c) of section 129.
                    (D) Engineering and economic surveys and 
                investigations for the planning, and the 
                financing, of future highway programs.
                    (E) Studies of the economy, safety, and 
                convenience of highway use.
                    (F) The regulation and equitable taxation 
                of highway use.
                    (G) Such research and development as are 
                necessary in connection with the planning, 
                design, and maintenance of the highway system.
            (2) Prohibition on use of funds for routine 
        maintenance.--None of the funds made available for the 
        program shall be obligated or expended for routine 
        maintenance.
    (g) Location of Projects.--Territorial highway projects 
(other than those described in paragraphs (1), (3), and (4) of 
section 133(b)) may not be undertaken on roads functionally 
classified as local.

           *       *       *       *       *       *       *

Sec. 217. Bicycle transportation and pedestrian walkways

    (a) Use of STP and Congestion Mitigation Program Funds.--
Subject to project approval by the Secretary, a State may 
obligate funds apportioned to it under sections 104(b)(2) and 
104(b)(3) of this title for construction of pedestrian walkways 
and bicycle transportation facilities and for carrying out 
nonconstruction projects related to safe pedestrian and bicycle 
use.
    (b) Use of National Highway System Funds.--Subject to 
project approval by the Secretary, a State may obligate funds 
apportioned to it under section 104(b)(1) of this title for 
construction of pedestrian walkways and bicycle transportation 
facilities on land adjacent to any highway on the National 
Highway System.
    (c) Use of Federal Lands Highway Funds.--Funds authorized 
for forest highways, forest development roads and trails, 
public lands development roads and trails, park roads, 
parkways, Indian reservation roads, refuge roads, and public 
lands highways shall be available, at the discretion of the 
department charged with the administration of such funds, for 
the construction of pedestrian walkways and bicycle 
transportation facilities in conjunction with such trails, 
roads, highways, and parkways.
    (d) State Bicycle and Pedestrian Coordinators.--Each State 
receiving an apportionment under sections 104(b)(2) and 
104(b)(3) of this title shall use such amount of the 
apportionment as may be necessary to fund in the State 
department of transportation a position of bicycle and 
pedestrian coordinator for promoting and facilitating the 
increased use of nonmotorized modes of transportation, 
including developing facilities for the use of pedestrians and 
bicyclists and public education, promotional, and safety 
programs for using such facilities.
    (e) Bridges.--In any case where a highway bridge deck being 
replaced or rehabilitated with Federal financial participation 
is located on a highway on which [bicycles] pedestrians or 
bicylists are permitted to operate at each end of such bridge, 
and the Secretary determines that the safe accommodation of 
[bicycles] pedestrians or bicylists can be provided at 
reasonable cost as part of such replacement or rehabilitation, 
then such bridge shall be so replaced or rehabilitated as to 
provide such safe accommodations.
    [(f) Federal Share.--For all purposes of this title, 
construction of a pedestrian walkway and a bicycle 
transportation facility shall be deemed to be a highway project 
and the Federal share payable on account of such construction 
shall be determined in accordance with section 120(b).]
    (f) Federal Share.--The Federal share of the construction 
of bicycle transportation facilities and pedestrian walkways, 
and for carrying out nonconstruction projects relating to safe 
pedestrian and bicycle use, shall be determined in accordance 
with section 120(b).
    (g) Planning and Design.--
            (1) In general.--Bicyclists and pedestrians shall 
        be given due consideration in the comprehensive 
        transportation plans developed by each metropolitan 
        planning organization and State in accordance with 
        sections 134 and 135, respectively. Bicycle 
        transportation facilities and pedestrian walkways shall 
        be considered, where appropriate, in conjunction with 
        all new construction and reconstruction of 
        transportation facilities, except where bicycle and 
        pedestrian use are not permitted.
            (2) Safety considerations.--Transportation plans 
        and projects shall provide due consideration for safety 
        and contiguous routes for bicyclists and pedestrians. 
        Safety considerations shall include the installation, 
        where appropriate, and maintenance of audible traffic 
        signals and audible signs at street crossings.
    (h) Use of Motorized Vehicles.--Motorized vehicles may not 
be permitted on trails and pedestrian walkways under this 
section, except for--
            (1) maintenance purposes;
            (2) when snow conditions and State or local 
        regulations permit, snowmobiles;
            (3) motorized wheelchairs;
            (4) when State or local regulations permit, 
        electric bicycles; and
            (5) such other circumstances as the Secretary deems 
        appropriate.
    (i) Transportation Purpose.--No bicycle project may be 
carried out under this section unless the Secretary has 
determined that such bicycle project will be principally for 
transportation, rather than recreation, purposes.
    (j) Bicycle and Pedestrian Safety Grants.--
            (1) In general.--The Secretary shall select and 
        make grants to a national, nonprofit organization 
        engaged in promoting bicycle and pedestrian safety--
                    (A) to operate a national bicycle and 
                pedestrian clearinghouse;
                    (B) to develop information and educational 
                programs regarding walking and bicycling; and
                    (C) to disseminate techniques and 
                strategies for improving bicycle and pedestrian 
                safety.
            (2) Funding.--The Secretary may use funds 
        apportioned under section 104(n) to carry out this 
        subsection.
            (3) Applicability of title 23.--Funds authorized to 
        be appropriated to carry out this subsection shall be 
        available for obligation in the same manner as if the 
        funds were apportioned under section 104, except that 
        the funds shall remain available until expended.
    (k) Funds for Bicycle and Pedestrian Safety.--A State shall 
allocate for bicycle and pedestrian improvements in the State a 
percentage of the funds remaining after implementation of 
sections 130(e) and 150, in an amount that is equal to or 
greater than the percentage of all fatal crashes in the States 
involving bicyclists and pedestrians.
    [(j)] (l) Definitions.--In this section, the following 
definitions apply:
            (1) Bicycle transportation facility.--The term 
        ``bicycle transportation facility'' means a new or 
        improved lane, path, or shoulder for use by bicyclists 
        and a traffic control device, shelter, or parking 
        facility for bicycles.
            (2) Electric bicycle.--The term ``electric 
        bicycle'' means any bicycle or tricycle with a low-
        powered electric motor weighing under 100 pounds, with 
        a top motor-powered speed not in excess of 20 miles per 
        hour.
            (3) Pedestrian.--The term ``pedestrian'' means any 
        person traveling by foot and any mobility-impaired 
        person using a wheelchair.
            (4) Shared use path.--The term ``shared use path'' 
        means a multiuse trail or other path that is--
                    (A) physically separated from motorized 
                vehicular traffic by an open space or barrier, 
                either within a highway right-of-way or within 
                an independent right-of-way; and
                    (B) usable for transportation purposes 
                (including by pedestrians, bicyclists, skaters, 
                equestrians, and other nonmotorized users).
            [(4)] (5) Wheelchair.--The term ``wheelchair'' 
        means a mobility aid, usable indoors, and designed for 
        and used by individuals with mobility impairments, 
        whether operated manually or motorized.

           *       *       *       *       *       *       *

                     Chapter 3.--GENERAL PROVISIONS

Sec.

301. Freedom from tolls.
302. State transportation department.
303. Management systems.
304. Participation by small business enterprises.
305. Archeological and paleontological salvage.
306. Mapping.
307. [Repealed P.L. 105-178.]
308. Cooperation with Federal and State agencies and foreign countries.
309. Cooperation with other American Republics.
310. Civil Defense.
311. Highway improvements strategically important to the national 
          defense.
312. Detail of Army, Navy, and Air Force officers.
[313. [Repealed P.L. 89-564.]]
313. Buy America.
314. Relief of employees in hazardous work.
315. Rules, regulations, and recommendations.
316. Consent by United States to conveyance of property.
317. Appropriation for highway purposes of lands or interests in lands 
          owned by the United States.
318. Highway relocation due to airport.
319. Landscaping and scenic enhancement.
320. Bridges on Federal dams.
[321. [Repealed P.L. 105-178.]]
321. Signs identifying funding sources.
322. Magnetic levitation transportation technology deployment program.
323. Donations and credits.
324. Prohibition of discrimination on the basis of sex.
[325. [Repealed P.L. 105-178.]]
325. Freight transportation gateways.
[326. [Repealed P.L. 105-178.]]
326. Transportation project development process.
327. Assumption of responsibility for categorical exclusions
328. Surface transportation projec delivery pilot program

           *       *       *       *       *       *       *

[313. [REPEALED P.L. 89-564.]]

313. BUY AMERICA

    [Note: Section 165 of the Highway Improvement Act of 
1982(23 U.S.C. 101 note; 96 State. 2136) is transferred to 
title 23 U.S.C. and redesignated as section 313.]

           *       *       *       *       *       *       *

[Sec. 321. [Repealed by P.L. 105-178.]]

Sec. 321. Signs identifying funding sources

    If a State has a practice of erecting on projects under 
actual construction without Federal-aid highway assistance 
signs which indicate the source or sources of any funds used to 
carry out such projects, such State shall erect on all projects 
under actual construction with any funds made available out of 
the Highway Trust Fund (other than the Mass Transit Account) 
signs which are visible to highway users and which indicate 
each governmental source of funds being used to carry out such 
federally assisted projects and the amount of funds being made 
available by each such source.

Sec. 322. Magnetic levitation transportation technology deployment 
                    program

    (a) Definitions.--In this section, the following 
definitions apply:
            (1) Eligible project costs.--The term ``eligible 
        project costs''--
                    (A) means the capital cost of the fixed 
                guideway infrastructure of a MAGLEV project, 
                including land, piers, guideways, propulsion 
                equipment and other components attached to 
                guideways, power distribution facilities 
                (including substations), control and 
                communications facilities, access roads, and 
                storage, repair, and maintenance facilities, 
                but not including costs incurred for a new 
                station; and
                    (B) includes the costs of preconstruction 
                planning activities.
            (2) Full project costs.--The term ``full project 
        costs'' means the total capital costs of a MAGLEV 
        project, including eligible project costs and the costs 
        of stations, vehicles, and equipment.
            (3) MAGLEV.--The term ``MAGLEV'' means 
        transportation systems employing magnetic levitation 
        that would be capable of safe use by the public at a 
        speed in excess of 240 miles per hour.
            (4) Partnership potential.--The term ``partnership 
        potential'' has the meaning given the term in the 
        commercial feasibility study of high-speed ground 
        transportation conducted under section 1036 of the 
        Intermodal Surface Transportation Efficiency Act of 
        1991 (105 Stat. 1978).
    (b) Financial Assistance.--
            (1) In general.--The Secretary shall make available 
        financial assistance to pay the Federal share of full 
        project costs of eligible projects selected under this 
        section. Financial assistance made available under this 
        section and projects assisted with the assistance shall 
        be subject to section 5333(a) of title 49, United 
        States Code.
            (2) Federal share.--The Federal share of full 
        project costs under paragraph (1) shall be not more 
        than \2/3\.
            (3) Use of assistance.--Financial assistance 
        provided under paragraph (1) shall be used only to pay 
        eligible project costs of projects selected under this 
        section.
    (c) Solicitation of Applications for Assistance.--[Not 
later than]
            (1) Initial solicitation.--Not later than 180 days 
        after the date of enactment of this subsection, the 
        Secretary shall solicit applications from States, or 
        authorities designated by 1 or more States, for 
        financial assistance authorized by subsection (b) for 
        planning, design, and construction of eligible MAGLEV 
        projects.
            (2) Additional solicitation.--Not later than 1 year 
        after the date of enactment of this paragraph, the 
        Secretary may solicit additional applications from 
        States, or authorities designated by 1 or more States, 
        for financial assistance authorized by subsection (b) 
        for planning, design, and construction of eligible 
        MAGLEV projects.
    (d) Project Eligibility.--To be eligible to receive 
financial assistance under subsection (b), a project shall--
            (1) involve a segment or segments of a high-speed 
        ground transportation corridor that exhibit partnership 
        potential;
            (2) require an amount of Federal funds for project 
        financing that will not exceed the sum of--
                    (A) the amounts made available under 
                subsection (h)(1); and
                    (B) the amounts made available by States 
                under subsection (h)(3);
            (3) result in an operating transportation facility 
        that provides a revenue producing service;
            (4) be undertaken through a public and private 
        partnership, with at least \1/3\ of full project costs 
        paid using non-Federal funds;
            (5) satisfy applicable statewide and metropolitan 
        planning requirements;
            (6) be approved by the Secretary based on an 
        application submitted to the Secretary by a State or 
        authority designated by 1 or more States;
            (7) to the extent that non-United States MAGLEV 
        technology is used within the United States, be carried 
        out as a technology transfer project; and
            (8) be carried out using materials at least 70 
        percent of which are manufactured in the United States.
    (e) Project Selection Criteria.--[Prior to soliciting 
applications, the Secretary] The Secretary shall establish 
criteria for selecting which eligible projects under subsection 
(d) will receive financial assistance under subsection (b). The 
criteria shall include the extent to which--
            (1) a project is nationally significant, including 
        the extent to which the project will demonstrate the 
        feasibility of deployment of MAGLEV technology 
        throughout the United States;
            (2) timely implementation of the project will 
        reduce congestion in other modes of transportation and 
        reduce the need for additional highway or airport 
        construction;
            (3) States, regions, and localities financially 
        contribute to the project;
            (4) implementation of the project will create new 
        jobs in traditional and emerging industries;
            (5) the project will augment MAGLEV networks 
        identified as having partnership potential;
            (6) financial assistance would foster public and 
        private partnerships for infrastructure development and 
        attract private debt or equity investment;
            (7) financial assistance would foster the timely 
        implementation of a project; and
            (8) life-cycle costs in design and engineering are 
        considered and enhanced.
    (f) Project Selection.--
            (1) Preconstruction planning activities.--Not later 
        than 90 days after a deadline established by the 
        Secretary for the receipt of applications, the 
        Secretary shall evaluate the eligible projects in 
        accordance with the selection criteria and select 1 or 
        more eligible projects to receive financial assistance 
        for preconstruction planning activities, including--
                    (A) preparation of such feasibility 
                studies, major investment studies, and 
                environmental impact statements and assessments 
                as are required under State law;
                    (B) pricing of the final design, 
                engineering, and construction activities 
                proposed to be assisted under paragraph (2); 
                and
                    (C) such other activities as are necessary 
                to provide the Secretary with sufficient 
                information to evaluate whether a project 
                should receive financial assistance for final 
                design, engineering, and construction 
                activities under paragraph (2).
            (2) Final design, engineering, and construction 
        activities.--After completion of preconstruction 
        planning activities for all projects assisted under 
        paragraph (1), the Secretary shall select 1 of the 
        projects to receive financial assistance for final 
        design, engineering, and construction activities.
    (g) Joint Ventures.--A project undertaken by a joint 
venture of United States and non-United States persons 
(including a project involving the deployment of non-United 
States MAGLEV technology in the United States) shall be 
eligible for financial assistance under this section if the 
project is eligible under subsection (d) and selected under 
subsection (f).
    (h) Funding.--
            (1) In general.--
                    (A) Contract authority; authorization of 
                appropriations.--
                            [(i) In general.--There is 
                        authorized to be appropriated from the 
                        Highway Trust Fund (other than the Mass 
                        Transit Account) to carry out this 
                        section $15,000,000 for fiscal year 
                        1999, $20,000,000 for fiscal year 2000, 
                        and $25,000,000 for fiscal year 2001.]
                            (i) In general.--There is 
                        authorized to be appropriated from the 
                        Highway Trust Fund (other than the Mass 
                        Transit Account) to carry out this 
                        section $15,000,000 for each of fiscal 
                        years 2004 through 2009.
                            (ii) Contract authority.--Funds 
                        authorized by this subparagraph shall 
                        be available for obligation in the same 
                        manner as if the funds were apportioned 
                        under chapter 1, except that--
                                    (I) the Federal share of 
                                the cost of a project carried 
                                out under this section shall be 
                                determined in accordance with 
                                subsection (b); and
                                    (II) the availability of 
                                the funds shall be determined 
                                in accordance with paragraph 
                                (2).
                    (B) Noncontract authority authorization of 
                appropriations.--
                            [(i) In general.--There are 
                        authorized to be appropriated from the 
                        Highway Trust Fund (other than the Mass 
                        Transit Account) to carry out this 
                        section (other than subsection (i)) 
                        $200,000,000 for each of fiscal years 
                        2000 and 2001, $250,000,000 for fiscal 
                        year 2002, and $300,000,000 for fiscal 
                        year 2003.]
                            (i) In general.--There are 
                        authorized to be appropriated from the 
                        Highway Trust Fund (other than the Mass 
                        Transit Account) to carry out this 
                        section--
                                    (I) $375,000,000 for fiscal 
                                year 2004;
                                    (II) $400,000,000 for 
                                fiscal year 2005;
                                    (III) $415,000,000 for 
                                fiscal year 2006;
                                    (IV) $425,000,000 for 
                                fiscal year 2007;
                                    (V) $435,000,000 for fiscal 
                                year 2008; and
                                    (VI) $450,000,000 for 
                                fiscal year 2009.
                            (ii) Availability.--Notwithstanding 
                        section 118(a), funds made available 
                        under clause (i) shall not be available 
                        in advance of an annual appropriation.
            (2) Availability of funds.--Funds made available 
        under paragraph (1) shall remain available until 
        expended.
            (3) Other federal funds.--Notwithstanding any other 
        provision of law, funds made available to a State to 
        carry out the surface transportation program under 
        section 133 and the congestion mitigation and air 
        quality improvement program under section 149 may be 
        used by the State to pay a portion of the full project 
        costs of an eligible project selected under this 
        section, without requirement for non-Federal funds.
            (4) Other assistance.--Notwithstanding any other 
        provision of law, an eligible project selected under 
        this section shall be eligible for other forms of 
        financial assistance provided under this title and the 
        Transportation Equity Act for the 21st Century, 
        including loans, loan guarantees, and lines of credit.
    (i) Low-Speed Project.--
            (1) In general.--Notwithstanding any other 
        provision of this section, of the funds made available 
        by subsection (h)(1)(A) to carry out this section, 
        $5,000,000 shall be made available to the Secretary to 
        make grants for the research and development of low-
        speed superconductivity magnetic levitation technology 
        for public transportation purposes in urban areas to 
        demonstrate energy efficiency, congestion mitigation, 
        and safety benefits.
            (2) Noncontract authority authorization of 
        appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated from the Highway Trust Fund (other 
                than the Mass Transit Account) to carry out 
                this subsection such sums as are necessary for 
                each of fiscal years 2000 through 2003.
                    (B) Availability.--Notwithstanding section 
                118(a), funds made available under subparagraph 
                (A)--
                            (i) shall not be available in 
                        advance of an annual appropriation; and
                            (ii) shall remain available until 
                        expended.

Sec. 323. Donations and credits

      (a) Donations of Property Being Acquired.--Nothing in 
this title, or in any other provision of law, shall be 
construed to prevent a person whose real property is being 
acquired in connection with a project under this title, after 
he has been fully informed of his right to receive just 
compensation for the acquisition of his property, from making a 
gift or donation of such property, or any part thereof, or of 
any of the compensation paid therefor, to a Federal agency, a 
State or a State agency, or a political subdivision of a State, 
as said person shall determine.
    (b) Credit for Acquired Lands.--
            (1) In general.--Notwithstanding any other 
        provision of this title, the State share of the cost of 
        a project with respect to which Federal assistance is 
        provided from the Highway Trust Fund (other than the 
        Mass Transit Account) may be credited in an amount 
        equal to the fair market value of any land that--
                    (A) is lawfully obtained by the State or a 
                unit of local government in the State;
                    (B) is incorporated into the project;
                    (C) is not land described in section 138; 
                and
                    (D) the Secretary determines will not 
                influence the environmental assessment of the 
                project, including--
                            (i) the decision as to the need to 
                        construct the project;
                            (ii) the consideration of 
                        alternatives; and
                            (iii) the selection of a specific 
                        location.
            (2) Establishment of fair market value.--The fair 
        market value of land incorporated into a project and 
        credited under paragraph (1) shall be established in 
        the manner determined by the Secretary, except that--
                    (A) the fair market value shall not include 
                any increase or decrease in the value of 
                donated property caused by the project; and
                    (B) the fair market value of donated land 
                shall be established as of the earlier of--
                            (i) the date on which the donation 
                        becomes effective; or
                            (ii) the date on which equitable 
                        title to the land vests in the State.
            (3) Limitation on applicability.--This subsection 
        shall not apply to donations made by an agency of the 
        Federal Government.
            (4) Limitation on amount of credit.--The credit 
        received by a State pursuant to this subsection may not 
        exceed the State's matching share for the project.
    (c) Credit for Donations of Funds, Materials, or 
Services.--Nothing in this title or any other law shall prevent 
a person from offering to donate funds, materials, or services 
, or a local government from offering to donate funds, 
materials, or services performed by local government employees, 
in connection with a project eligible for assistance under this 
title. In the case of such a project with respect to which the 
Federal Government and the State share in paying the cost, any 
donated funds, or the fair market value of any donated 
materials or services, that are accepted and incorporated into 
the project by the State transportation department shall be 
credited against the State share.
    (d) Procedures.--A gift or donation in accordance with 
subsection (a) may be made at any time during the development 
of a project. Any document executed as part of such donation 
prior to the approval of an environmental document prepared 
pursuant to the National Environmental Policy Act of 1969 shall 
clearly indicate that--
            (1) all alternatives to a proposed alignment will 
        be studied and considered pursuant to such Act;
            (2) acquisition of property under this section 
        shall not influence the environmental assessment of a 
        project including the decision relative to the need to 
        construct the project or the selection of a specific 
        location; and
            (3) any property acquired by gift or donation shall 
        be revested in the grantor or successors in interest if 
        such property is not required for the alignment chosen 
        after public hearings, if required, and completion of 
        the environmental document.
    [(e) Crediting of Contributions by Units of Local 
Government Toward the State Share.--A contribution by a unit of 
local government of real property, funds, or material in 
connection with a project eligible for assistance under this 
title shall be credited against the State share of the project 
at the fair market value of the real property, funds, or 
material.]

           *       *       *       *       *       *       *

Sec. 325. Freight transportation gateways

    (a) In General.--
            (1) Establishment.--The Secretary shall establish a 
        freight transportation gateways program to improve 
        productivity, security, and safety of freight 
        transportation gateways, while mitigating congestion 
        and community impacts in the area of the gateways.
            (2) Purposes.--The purposes of the freight 
        transportation gateways program shall be--
                    (A) to facilitate and support multimodal 
                freight transportation initiatives at the State 
                and local levels in order to improve freight 
                transportation gateways and mitigate the impact 
                of congestion on the environment in the area of 
                the gateways;
                    (B) to provide capital funding to address 
                infrastructure and freight operational needs at 
                freight transportation gateways;
                    (C) to encourage adoption of new financing 
                strategies to leverage State, local, and 
                private investment in freight transportation 
                gateways;
                    (D) to facilitate access to intermodal 
                freight transfer facilities; and
                    (E) to increase economic efficiency by 
                facilitating the movement of goods.
    (b) State Responsibilities.--
            (1) Project development process.--Each State, in 
        coordination with metropolitan planning organizations, 
        shall ensure that intermodal freight transportation, 
        trade facilitation, and economic development needs are 
        adequately considered and fully integrated into the 
        project development process, including transportation 
        planning through final design and construction of 
        freight-related transportation projects.
            (2) Freight transportation coordinator.--
                    (A) In general.--Each State shall designate 
                a freight transportation coordinator.
                    (B) Duties.--The coordinator shall--
                            (i) foster public and private 
                        sector collaboration needed to 
                        implement complex solutions to freight 
                        transportation and freight 
                        transportation gateway problems, 
                        including--
                                    (I) coordination of 
                                metropolitan and statewide 
                                transportation activities with 
                                trade and economic interests;
                                    (II) coordination with 
                                other States, agencies, and 
                                organizations to find regional 
                                solutions to freight 
                                transportation problems; and
                                    (III) coordination with 
                                local officials of the 
                                Department of Defense and the 
                                Department of Homeland 
                                Security, and with other 
                                organizations, to develop 
                                regional solutions to military 
                                and homeland security 
                                transportation needs; and
                            (ii) promote programs that build 
                        professional capacity to better plan, 
                        coordinate, integrate, and understand 
                        freight transportation needs for the 
                        State.
    (c) Innovative Finance Strategies.--
            (1) In general.--States and localities are 
        encouraged to adopt innovative financing strategies for 
        freight transportation gateway improvements, 
        including--
                    (A) new user fees;
                    (B) modifications to existing user fees, 
                including trade facilitation charges;
                    (C) revenue options that incorporate 
                private sector investment; and
                    (D) a blending of Federal-aid and 
                innovative finance programs.
            (2) Technical assistance.--The Secretary shall 
        provide technical assistance to States and localities 
        with respect to the strategies.
    (d) Intermodal Freight Transportation Projects.--
            (1) Use of surface transportation program funds.--A 
        State may obligate funds apportioned to the State under 
        section 104(b)(3) for publicly-owned intermodal freight 
        transportation projects that provide community and 
        highway benefits by addressing economic, congestion, 
        system reliability, security, safety, or environmental 
        issues associated with freight transportation gateways.
            (2) Eligible projects.--A project eligible for 
        funding under this section--
                    (A) may include publicly-owned intermodal 
                freight transfer facilities, access to the 
                facilities, and operational improvements for 
                the facilities (including capital investment 
                for intelligent transportation systems), except 
                that projects located within the boundaries of 
                port terminals shall only include the surface 
                transportation infrastructure modifications 
                necessary to facilitate direct intermodal 
                interchange, transfer, and access into and out 
                of the port; and
                    (B) may involve the combining of private 
                and public funds.

Sec. 326. Transportation project development process

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' means any agency, 
        department, or other unit of Federal, State, local, or 
        tribal government.
            (2) Environmental impact statement.--The term 
        ``environmental impact statement'' means a detailed 
        statement of the environmental impacts of a project 
        required to be prepared under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
            (3) Environmental review process.--
                    (A) In general.--The term ``environmental 
                review process'' means the process for 
                preparing, for a project--
                            (i) an environmental impact 
                        statement; or
                            (ii) any other document or analysis 
                        required to be prepared under the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.)
                    (B) Inclusions.--The term ``environmental 
                review process'' includes the process for and 
                completion of any environmental permit, 
                approval, review, or study required for a 
                project under any Federal law other than the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
            (4) Project.--The term ``project'' means any 
        highway or transit project that requires the approval 
        of the Secretary.
            (5) Project sponsor.--The term ``project sponsor'' 
        means an agency or other entity (including any private 
        or public-private entity), that seeks approval of the 
        Secretary for a project.
            (6) State transportation department.--The term 
        ``State transportation department'' means any statewide 
        agency of a State with responsibility for 
        transportation.
    (b) Process.--
            (1) Lead agency.--
                    (A) In general.--The Department of 
                Transportation shall be the lead Federal agency 
                in the environmental review process for a 
                project.
                    (B) Joint lead agencies.--Nothing in this 
                section precludes another agency from being a 
                joint lead agency in accordance with 
                regulations under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                    (C) Concurrence of project sponsor.--The 
                lead agency may carry out the environmental 
                review process in accordance with this section 
                only with the concurrence of the project 
                sponsor.
            (2) Request for process.--
                    (A) In general.--A project sponsor may 
                request that the lead agency carry out the 
                environmental review process for a project or 
                group of projects in accordance with this 
                section.
                    (B) Grant of request; public notice.--The 
                lead agency shall--
                            (i) grant a request under 
                        subparagraph (A); and
                            (ii) provide public notice of the 
                        request.
            (3) Effective date.--The environmental review 
        process described in this section may be applied to a 
        project only after the date on which public notice is 
        provided under subparagraph (B)(ii).
    (c) Roles and Responsibility of Lead Agency.--With respect 
to the environmental review process for any project, the lead 
agency shall have authority and responsibility to--
                    (A) identify and invite cooperating 
                agencies in accordance with subsection (d);
                    (B) develop an agency coordination plan 
                with review, schedule, and timelines in 
                accordance with subsection (e);
                    (C) determine the purpose and need for the 
                project in accordance with subsection (f);
                    (D) determine the range of alternatives to 
                be considered in accordance with subsection 
                (g);
                    (E) convene dispute-avoidance and decision 
                resolution meetings and related efforts in 
                accordance with subsection (h);
                    (F) take such other actions as are 
                necessary and proper, within the authority of 
                the lead agency, to facilitate the expeditious 
                resolution of the environmental review process 
                for the project; and
                    (G) prepare or ensure that any required 
                environmental impact statement or other 
                document required to be completed under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) is completed in accordance 
                with this section and applicable Federal law.
    (d) Roles and Responsibilities of Cooperating Agencies.--
            (1) In general.--With respect to a project, each 
        Federal agency shall carry out any obligations of the 
        Federal agency in the environmental review process in 
        accordance with this section and applicable Federal 
        law.
            (2) Invitation.--
                    (A) In general.--The lead agency shall--
                            (i) identify, as early as 
                        practicable in the environmental review 
                        process for a project, any other 
                        agencies that may have an interest in 
                        the project, including--
                                    (I) agencies with 
                                jurisdiction over 
                                environmentally-related matters 
                                that may affect the project or 
                                may be required by law to 
                                conduct an environmental-
                                related independent review or 
                                analysis of the project or 
                                determine whether to issue an 
                                environmental-related permit, 
                                license, or approval for the 
                                project; and
                                    (II) agencies with special 
                                expertise relevant to the 
                                project;
                            (ii) invite the agencies identified 
                        in clause (i) to become participating 
                        agencies in the environmental review 
                        process for that project; and
                            (iii) grant requests to become 
                        cooperating agencies from agencies not 
                        originally invited.
                    (B) Responses.--The deadline for receipt of 
                a response from an agency that receives an 
                invitation under subparagraph (A)(ii)--
                            (i) shall be 30 days after the date 
                        of receipt by the agency of the 
                        invitation; but
                            (ii) may be extended by the lead 
                        agency for good cause.
            (3) Declining of invitations.--A Federal agency 
        that is invited by the lead agency to participate in 
        the environmental review process for a project shall be 
        designated as a cooperating agency by the lead agency, 
        unless the invited agency informs the lead agency in 
        writing, by the deadline specified in the invitation, 
        that the invited agency--
                    (A) has no jurisdiction or authority with 
                respect to the project;
                    (B) has no expertise or information 
                relevant to the project; and
                    (C) does not intend to submit comments on 
                the project.
            (4) Effect of designation.--Designation as a 
        cooperating agency under this subsection shall not 
        imply that the cooperating agency--
                    (A) supports a proposed project; or
                    (B) has any jurisdiction over, or special 
                expertise with respect to evaluation of, the 
                project.
            (5) Designations for categories of projects.--
                    (A) In general.--The Secretary may invite 
                other agencies to become cooperating agencies 
                for a category of projects.
                    (B) Designation.--An agency may be 
                designated as a cooperating agency for a 
                category of projects only with the consent of 
                the agency.
            (6) Concurrent reviews.--Each Federal agency shall, 
        to the maximum extent practicable--
                    (A) carry out obligations of the Federal 
                agency under other applicable law concurrently, 
                and in conjunction, with the review required 
                under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.), unless doing so 
                would impair the ability of the Federal agency 
                to carry out those obligations; and
                    (B) formulate and implement administrative, 
                policy, and procedural mechanisms to enable the 
                agency to ensure completion of the 
                environmental review process in a timely, 
                coordinated, and environmentally responsible 
                manner.
    (e) Development of Flexible Process and Timeline.--
            (1) Coordination plan.--
                    (A) In general.--The lead agency shall 
                establish a coordination plan, which may be 
                incorporated into a memorandum of 
                understanding, to coordinate agency and public 
                participation in and comment on the 
                environmental review process for a project or 
                category of projects.
                    (B) Workplan.--
                            (i) In general.--The lead agency 
                        shall develop, as part of the 
                        coordination plan, a workplan for 
                        completing the collection, analysis, 
                        and evaluation of baseline data and 
                        future impacts modeling necessary to 
                        complete the environmental review 
                        process, including any data, analyses, 
                        and modeling necessary for related 
                        permits, approvals, reviews, or studies 
                        required for the project under other 
                        laws.
                            (ii) Consultation.--In developing 
                        the workplan under clause (i), the lead 
                        agency shall consult with--
                                    (I) each cooperating agency 
                                for the project;
                                    (II) the State in which the 
                                project is located; and
                                    (III) if the State is not 
                                the project sponsor, the 
                                project sponsor.
                    (C) Schedule.--
                            (i) In general.--The lead agency 
                        shall establish as part of the 
                        coordination plan, after consultation 
                        with each cooperating agency for the 
                        project and with the State in which the 
                        project is located (and, if the State 
                        is not the project sponsor, with the 
                        project sponsor), a schedule for 
                        completion of the environmental review 
                        process for the project.
                            (ii) Factors for consideration.--In 
                        establishing the schedule, the lead 
                        agency shall consider factors such as--
                                    (I) the responsibilities of 
                                cooperating agencies under 
                                applicable laws;
                                    (II) resources available to 
                                the cooperating agencies;
                                    (III) overall size and 
                                complexity of a project;
                                    (IV) the overall schedule 
                                for and cost of a project; and
                                    (V) the sensitivity of the 
                                natural and historic resources 
                                that could be affected by the 
                                project.
                    (D) Consistency with other time periods.--A 
                schedule under subparagraph (C) shall be 
                consistent with any other relevant time periods 
                established under Federal law.
                    (E) Modification.--The lead agency may--
                            (i) lengthen a schedule established 
                        under subparagraph (C) for good cause; 
                        and
                            (ii) shorten a schedule only with 
                        the concurrence of the affected 
                        cooperating agencies.
                    (F) Dissemination.--A copy of a schedule 
                under subparagraph (C), and of any 
                modifications to the schedule, shall be--
                            (i) provided to all cooperating 
                        agencies and to the State 
                        transportation department of the State 
                        in which the project is located (and, 
                        if the State is not the project 
                        sponsor, to the project sponsor); and
                            (ii) made available to the public.
            (2) Comments and timelines.--
                    (A) In general.--A schedule established 
                under paragraph (1)(C) shall include--
                            (i) opportunities for comment, 
                        deadline for receipt of any comments 
                        submitted, deadline for lead agency 
                        response to comments; and
                            (ii) except as otherwise provided 
                        under paragraph (1)--
                                    (I) an opportunity to 
                                comment by agencies and the 
                                public on a draft or final 
                                environmental impact statement 
                                for a period of not more than 
                                60 days longer than the minimum 
                                period required under the 
                                National Environmental Policy 
                                Act of 1969 (42 U.S.C. 4321 et 
                                seq.); and
                                    (II) for all other comment 
                                periods established by the lead 
                                agency for agency or public 
                                comments in the environmental 
                                review process, a period of not 
                                more than the longer of--
                                            (aa) 30 days after 
                                        the final day of the 
                                        minimum period required 
                                        under Federal law 
                                        (including 
                                        regulations), if 
                                        available; or
                                            (bb) if a minimum 
                                        period is not required 
                                        under Federal law 
                                        (including 
                                        regulations), 30 days.
                    (B) Extension of comment periods.--The lead 
                agency may extend a period of comment 
                established under this paragraph for good 
                cause.
                    (C) Late comments.--A comment concerning a 
                project submitted under this paragraph after 
                the date of termination of the applicable 
                comment period or extension of a comment period 
                shall not be eligible for consideration by the 
                lead agency unless the lead agency or project 
                sponsor determines there was good cause for the 
                delay or the lead agency is required to 
                consider significant new circumstances or 
                information in accordance with sections 1501.7 
                and 1502.9 of title 40, Code of Federal 
                Regulations.
                    (D) Deadlines for decisions under other 
                laws.--In any case in which a decision under 
                any Federal law relating to a project 
                (including the issuance or denial of a permit 
                or license) is required to be made by the later 
                of the date that is 180 days after the date on 
                which the Secretary made all final decisions of 
                the lead agency with respect to the project, or 
                180 days after the date on which an application 
                was submitted for the permit or license, the 
                Secretary shall submit to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of 
                Representatives--
                            (i) as soon as practicable after 
                        the 180-day period, an initial notice 
                        of the failure of the Federal agency to 
                        make the decision; and
                            (ii) every 60 day thereafter until 
                        such date as all decisions of the 
                        Federal agency relating to the project 
                        have been made by the Federal agency, 
                        an additional notice that describes the 
                        number of decisions of the Federal 
                        agency that remain outstanding as of 
                        the date of the additional notice.
            (3) Involvement of the public.--Nothing in this 
        subsection shall reduce any time period provided for 
        public comment in the environmental review process 
        under existing Federal law (including a regulation).
    (f) Development of Project Purpose and Need Statement.--
            (1) In general.--With respect to the environmental 
        review process for a project, the purpose and need for 
        the project shall be defined in accordance with this 
        subsection.
            (2) Authority.--The lead agency shall define the 
        purpose and need for a project, including the 
        transportation objectives and any other objectives 
        intended to be achieved by the project.
            (3) Involvement of cooperating agencies and the 
        public.--Before determining the purpose and need for a 
        project, the lead agency shall solicit for 30 days, and 
        consider, any relevant comments on the draft statement 
        of purpose and need for a proposed project received 
        from the public and cooperating agencies.
            (4) Effect on other reviews.--For the purpose of 
        compliance with the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) and any other law 
        requiring an agency that is not the lead agency to 
        determine or consider a project purpose or project 
        need, such an agency acting, permitting, or approving 
        under, or otherwise applying, Federal law with respect 
        to a project shall adopt the determination of purpose 
        and need for the project made by the lead agency.
            (5) Savings.--Nothing in this subsection preempts 
        or interferes with any power, jurisdiction, 
        responsibility, or authority of an agency under 
        applicable law (including regulations) with respect to 
        a project.
            (6) Contents.--
                    (A) In general.--The statement of purpose 
                and need shall include a clear statement of the 
                objectives that the proposed project is 
                intended to achieve.
                    (B) Effect on existing standards.--Nothing 
                in this subsection shall alter existing 
                standards for defining the purpose and need of 
                a project.
            (7) Factors to consider.--The lead agency may 
        determine that any of the following factors and 
        documents are appropriate for consideration in 
        determining the purpose of and need for a project:
                    (A) Transportation plans and related 
                planning documents developed through the 
                statewide and metropolitan transportation 
                planning process under sections 134 and 135.
                    (B) Land use plans adopted by units of 
                State, local, or tribal government (or, in the 
                case of Federal land, by the applicable Federal 
                land management agencies).
                    (C) Economic development plans adopted by--
                            (i) units of State, local, or 
                        tribal government; or
                            (ii) established economic 
                        development planning organizations or 
                        authorities.
                    (D) Environmental protection plans, 
                including plans for the protection or treatment 
                of--
                            (i) air quality;
                            (ii) water quality and runoff;
                            (iii) habitat needs of plants and 
                        animals;
                            (iv) threatened and endangered 
                        species;
                            (v) invasive species;
                            (vi) historic properties; and
                            (vii) other environmental 
                        resources.
                    (E) Any publicly available plans or 
                policies relating to the national defense, 
                national security, or foreign policy of the 
                United States.
    (g) Development of Project Alternatives.--
            (1) In general.--With respect to the environmental 
        review process for a project, the alternatives shall be 
        determined in accordance with this subsection.
            (2) Authority.--The lead agency shall determine the 
        alternatives to be considered for a project.
            (3) Involvement of cooperating agencies and the 
        public.--
                    (A) In general.--Before determining the 
                alternatives for a project, the lead agency 
                shall solicit for 30 days and consider any 
                relevant comments on the proposed alternatives 
                received from the public and cooperating 
                agencies.
                    (B) Alternatives.--The lead agency shall 
                consider--
                            (i) alternatives that meet the 
                        purpose and need of the project; and
                            (ii) the alternative of no action.
                    (C) Effect on existing standards.--Nothing 
                in this subsection shall alter the existing 
                standards for determining the range of 
                alternatives.
            (4) Effect on other reviews.--Any other agency 
        acting under or applying Federal law with respect to a 
        project shall consider only the alternatives determined 
        by the lead agency.
            (5) Savings.--Nothing in this subsection preempts 
        or interferes with any power, jurisdiction, 
        responsibility, or authority of an agency under 
        applicable law (including regulations) with respect to 
        a project.
            (6) Factors to consider.--The lead agency may 
        determine that any of the following factors and 
        documents are appropriate for consideration in 
        determining the alternatives for a project:
                    (A) The overall size and complexity of the 
                proposed action.
                    (B) The sensitivity of the potentially 
                affected resources.
                    (C) The overall schedule and cost of the 
                project.
                    (D) Transportation plans and related 
                planning documents developed through the 
                statewide and metropolitan transportation 
                planning process under sections 134 and 135 of 
                title 23 of the United States Code.
                    (E) Land use plans adopted by units of 
                State, local, or tribal government (or, in the 
                case of Federal land, by the applicable Federal 
                land management agencies).
                    (F) Economic development plans adopted by--
                            (i) units of State, local, or 
                        tribal government; or
                            (ii) established economic 
                        development planning organizations or 
                        authorities.
                    (G) environmental protection plans, 
                including plans for the protection or treatment 
                of--
                            (i) air quality;
                            (ii) water quality and runoff;
                            (iii) habitat needs of plants and 
                        animals;
                            (iv) threatened and endangered 
                        species;
                            (v) invasive species;
                            (vi) historic properties; and
                            (vii) other environmental 
                        resources.
                    (H) Any publicly available plans or 
                policies relating to the national defense, 
                national security, or foreign policy of the 
                United States.
    (h) Prompt Issue Identification and Resolution Process.--
            (1) In general.--The lead agency, the project 
        sponsor, and the cooperating agencies shall work 
        cooperatively, in accordance with this section, to 
        identify and resolve issues that could--
                    (A) delay completion of the environmental 
                review process; or
                    (B) result in denial of any approvals 
                required for the project under applicable laws.
            (2) Lead agency responsibilities.--
                    (A) In general.--The lead agency, with the 
                assistance of the project sponsor, shall make 
                information available to the cooperating 
                agencies, as early as practicable in the 
                environmental review process, regarding--
                            (i) the environmental and 
                        socioeconomic resources located within 
                        the project area; and
                            (ii) the general locations of the 
                        alternatives under consideration.
                    (B) Basis for information.--Information 
                about resources in the project area may be 
                based on existing data sources, including 
                geographic information systems mapping.
            (3) Cooperating agency responsibilities.--
                    (A) In general.--Based on information 
                received from the lead agency, cooperating 
                agencies shall promptly identify to the lead 
                agency any major issues of concern regarding 
                the potential environmental or socioeconomic 
                impacts of a project.
                    (B) Major issues of concern.--A major issue 
                of concern referred to in subparagraph (A) may 
                include any issue that could substantially 
                delay or prevent an agency from granting a 
                permit or other approval that is needed for a 
                project, as determined by a cooperating agency.
            (4) Issue resolution.--On identification of a major 
        issue of concern under paragraph (3), or at any time 
        upon the request of a project sponsor or the Governor 
        of a State, the lead agency shall promptly convene a 
        meeting with representatives of each of the relevant 
        cooperating agencies, the project sponsor, and the 
        Governor to address and resolve the issue.
            (5) Notification.--If a resolution of a major issue 
        of concern under paragraph (4) cannot be achieved by 
        the date that is 30 days after the date on which a 
        meeting under that paragraph is convened, the lead 
        agency shall provide notification of the failure to 
        resolve the major issue of concern to--
                    (A) the heads of all cooperating agencies;
                    (B) the project sponsor;
                    (C) the Governor involved;
                    (D) the Committee on Environment and Public 
                Works of the Senate; and
                    (E) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
    (i) Performance Measurement.--
            (1) Progress reports.--The Secretary shall 
        establish a program to measure and report on progress 
        toward improving and expediting the planning and 
        environmental review process.
            (2) Minimum requirements.--The program shall 
        include, at a minimum--
                    (A) the establishment of criteria for 
                measuring consideration of--
                            (i) State and metropolitan 
                        planning, project planning, and design 
                        criteria; and
                            (ii) environmental processing times 
                        and costs;
                    (B) the collection of data to assess 
                performance based on the established criteria; 
                and
                    (C) the annual reporting of the results of 
                the performance measurement studies.
            (3) Involvement of the public and cooperating 
        agencies.--
                    (A) In general.--The Secretary shall 
                biennially conduct a survey of agencies 
                participating in the environmental review 
                process under this section to assess the 
                expectations and experiences of each surveyed 
                agency with regard to the planning and 
                environmental review process for projects 
                reviewed under this section.
                    (B) Public participation.--In conducting 
                the survey, the Secretary shall solicit 
                comments from the public.
    (j) Assistance to Affected Federal and State Agencies.--
            (1) In general.--The Secretary may approve a 
        request by a State or recipient to provide funds, for a 
        highway project made available under this title, or for 
        a mass transit project made available under chapter 53 
        of title 49 to the State or recipient for the project, 
        subject to the coordinated environmental review process 
        established under this section, to affected Federal and 
        State agencies to provide the resources necessary to 
        meet any time limits established under this section.
            (2) Amounts.--Such requests under paragraph (1) 
        shall be approved only--
                    (A) for such additional amounts as the 
                Secretary determines are necessary for the 
                affected Federal and State agencies to meet the 
                time limits for environmental review; and
                    (B) if those time limits are less than the 
                customary time necessary for that review.

Sec. 327. Assumption of responsibility for categorical exclusions

    (a) Categorical Exclusion Determinations.--
            (1) In general.--The Secretary may assign, and a 
        State may assume, responsibility for determining 
        whether certain designated activities are included 
        within classes of action identified in regulation by 
        the Secretary that are categorically excluded from 
        requirements for environmental assessments or 
        environmental impact statements pursuant to regulations 
        promulgated by the Council on Environmental Quality 
        under part 1500 of title 40, Code of Federal 
        Regulations (as in effect on October 1, 2003).
            (2) Scope of authority.--A determination described 
        in paragraph (1) shall be made by a State in accordance 
        with criteria established by the Secretary and only for 
        types of activities specifically designated by the 
        Secretary.
            (3) Criteria.--The criteria under paragraph (2) 
        shall include provisions for public availability of 
        information consistent with section 552 of title 5 and 
        the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
    (b) Other Applicable Federal Laws.--
            (1) In general.--If a State assumes responsibility 
        under subsection (a), the Secretary may also assign and 
        the State may assume all or part of the 
        responsibilities of the Secretary for environmental 
        review, consultation, or other related actions required 
        under any Federal law applicable to activities that are 
        classified by the Secretary as categorical exclusions, 
        with the exception of government-to-government 
        consultation with Indian tribes, subject to the same 
        procedural and substantive requirements as would be 
        required if that responsibility were carried out by the 
        Secretary.
            (2) Sole responsibility.--A State that assumes 
        responsibility under paragraph (1) with respect to a 
        Federal law shall be solely responsible and solely 
        liable for complying with and carrying out that law, 
        and the Secretary shall have no such responsibility or 
        liability.
    (c) Memoranda of Understanding.--
            (1) In general.--The Secretary and the State, after 
        providing public notice and opportunity for comment, 
        shall enter into a memorandum of understanding setting 
        forth the responsibilities to be assigned under this 
        section and the terms and conditions under which the 
        assignments are made, including establishment of the 
        circumstances under which the Secretary would reassume 
        responsibility for categorical exclusion 
        determinations.
            (2) Term.--A memorandum of understanding--
                    (A) shall have term of not more than 3 
                years; and
                    (B) shall be renewable.
            (3) Acceptance of jurisdiction.--In a memorandum of 
        understanding, the State shall consent to accept the 
        jurisdiction of the Federal courts for the compliance, 
        discharge, and enforcement of any responsibility of the 
        Secretary that the State assumes.
            (4) Monitoring.--The Secretary shall--
                    (A) monitor compliance by the State with 
                the memorandum of understanding and the 
                provision by the State of financial resources 
                to carry out the memorandum of understanding; 
                and
                    (B) take into account the performance by 
                the State when considering renewal of the 
                memorandum of understanding.
    (d) Termination.--The Secretary may terminate any 
assumption of responsibility under a memorandum of 
understanding on a determination that the State is not 
adequately carrying out the responsibilities assigned to the 
State.
    (e) State Agency Deemed To Be Federal Agency.--A State 
agency that is assigned a responsibility under a memorandum of 
understanding shall be deemed to be a Federal agency for the 
purposes of the Federal law under which the responsibility is 
exercised.

Sec. 328. Surface transportation project delivery pilot program

    (a) Establishment.--
            (1) In general.--The Secretary shall carry out a 
        surface transportation project delivery pilot program 
        (referred to in this section as the ``program'').
            (2) Assumption of responsibility.--
                    (A) In general.--Subject to the other 
                provisions of this section, with the written 
                agreement of the Secretary and a State, which 
                may be in the form of a memorandum of 
                understanding, the Secretary may assign, and 
                the State may assume, the responsibilities of 
                the Secretary with respect to 1 or more highway 
                projects within the State under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.).
                    (B) Additional responsibility.--If a State 
                assumes responsibility under subparagraph (A)--
                            (i) the Secretary may assign to the 
                        State, and the State may assume, all or 
                        part of the responsibilities of the 
                        Secretary for environmental review, 
                        consultation, or other action required 
                        under any Federal environmental law 
                        pertaining to the review or approval of 
                        a specific project; but
                            (ii) the Secretary may not assign--
                                    (I) responsibility for any 
                                conformity determination 
                                required under section 176 of 
                                the Clean Air Act (42 U.S.C. 
                                7506); or
                                    (II) any responsibility 
                                imposed on the Secretary by 
                                section 134 or 135.
                    (C) Procedural and substantive 
                requirements.--A State shall assume 
                responsibility under this section subject to 
                the same procedural and substantive 
                requirements as would apply if that 
                responsibility were carried out by the 
                Secretary.
                    (D) Federal responsibility.--Any 
                responsibility of the Secretary not explicitly 
                assumed by the State by written agreement under 
                this section shall remain the responsibility of 
                the Secretary.
                    (E) No effect on authority.--Nothing in 
                this section preempts or interferes with any 
                power, jurisdiction, responsibility, or 
                authority of an agency, other than the 
                Department of Transportation, under applicable 
                law (including regulations) with respect to a 
                project.
    (b) State Participation.--
            (1) Number of participating states.--The Secretary 
        may permit not more than 5 States (including the State 
        of Oklahoma) to participate in the program.
            (2) Application.--Not later than 270 days after the 
        date of enactment of this section, the Secretary shall 
        promulgate regulations that establish requirements 
        relating to information required to be contained in any 
        application of a State to participate in the program, 
        including, at a minimum--
                    (A) the projects or classes of projects for 
                which the State anticipates exercising the 
                authority that may be granted under the 
                program;
                    (B) verification of the financial resources 
                necessary to carry out the authority that may 
                be granted under the program; and
                    (C) evidence of the notice and solicitation 
                of public comment by the State relating to 
                participation of the State in the program, 
                including copies of comments received from that 
                solicitation.
            (3) Public notice.--
                    (A) In general.--Each State that submits an 
                application under this subsection shall give 
                notice of the intent of the State to 
                participate in the program not later than 30 
                days before the date of submission of the 
                application.
                    (B) Method of notice and solicitation.--The 
                State shall provide notice and solicit public 
                comment under this paragraph by publishing the 
                complete application of the State in accordance 
                with the appropriate public notice law of the 
                State.
            (4) Selection criteria.--The Secretary may approve 
        the application of a State under this section only if--
                    (A) the regulatory requirements under 
                paragraph (2) have been met;
                    (B) the Secretary determines that the State 
                has the capability, including financial and 
                personnel, to assume the responsibility; and
                    (C) the head of the State agency having 
                primary jurisdiction over highway matters 
                enters into a written agreement with the 
                Secretary described in subsection (c).
            (5) Other federal agency views.--If a State applies 
        to assume a responsibility of the Secretary that would 
        have required the Secretary to consult with another 
        Federal agency, the Secretary shall solicit the views 
        of the Federal agency before approving the application.
    (c) Written Agreement.--A written agreement under this 
section shall--
            (1) be executed by the Governor or the top-ranking 
        transportation official in the State who is charged 
        with responsibility for highway construction;
            (2) be in such form as the Secretary may prescribe;
            (3) provide that the State--
                    (A) agrees to assume all or part of the 
                responsibilities of the Secretary described in 
                subsection (a);
                    (B) expressly consents, on behalf of the 
                State, to accept the jurisdiction of the 
                Federal courts for the compliance, discharge, 
                and enforcement of any responsibility of the 
                Secretary assumed by the State;
                    (C) certifies that State laws (including 
                regulations) are in effect that--
                            (i) authorize the State to take the 
                        actions necessary to carry out the 
                        responsibilities being assumed; and
                            (ii) are comparable to section 552 
                        of title 5, including providing that 
                        any decision regarding the public 
                        availability of a document under those 
                        State laws is reviewable by a court of 
                        competent jurisdiction; and
                    (D) agrees to maintain the financial 
                resources necessary to carry out the 
                responsibilities being assumed.
    (d) Jurisdiction.--
            (1) In general.--The United States district courts 
        shall have exclusive jurisdiction over any civil action 
        against a State for failure to carry out any 
        responsibility of the State under this section.
            (2) Legal standards and requirements.--A civil 
        action under paragraph (1) shall be governed by the 
        legal standards and requirements that would apply in 
        such a civil action against the Secretary had the 
        Secretary taken the actions in question.
            (3) Intervention.--The Secretary shall have the 
        right to intervene in any action described in paragraph 
        (1).
    (e) Effect of Assumption of Responsibility.--A State that 
assumes responsibility under subsection (a)(2) shall be solely 
responsible and solely liable for carrying out, in lieu of the 
Secretary, the responsibilities assumed under subsection 
(a)(2), until the program is terminated as provided in 
subsection (i).
    (f) Limitations on Agreements.--Nothing in this section 
permits a State to assume any rulemaking authority of the 
Secretary under any Federal law.
    (g) Audits.--
            (1) In general.--To ensure compliance by a State 
        with any agreement of the State under subsection (c)(1) 
        (including compliance by the State with all Federal 
        laws for which responsibility is assumed under 
        subsection (a)(2)), for each State participating in the 
        program under this section, the Secretary shall 
        conduct--
                    (A) semiannual audits during each of the 
                first 2 years of State participation; and
                    (B) annual audits during each subsequent 
                year of State participation.
            (2) Public availability and comment.--
                    (A) In general.--An audit conducted under 
                paragraph (1) shall be provided to the public 
                for comment.
                    (B) Response.--Not later than 60 days after 
                the date on which the period for public comment 
                ends, the Secretary shall respond to public 
                comments received under subparagraph (A).
    (h) Report to Congress.--The Secretary shall submit to 
Congress an annual report that describes the administration of 
the program.
    (i) Termination.--
            (1) In general.--Except as provided in paragraph 
        (2), the program shall terminate on the date that is 6 
        years after the date of enactment of this section.
            (2) Termination by secretary.--The Secretary may 
        terminate the participation of any State in the program 
        if--
                    (A) the Secretary determines that the State 
                is not adequately carrying out the 
                responsibilities assigned to the State;
                    (B) the Secretary provides to the State--
                            (i) notification of the 
                        determination of noncompliance; and
                            (ii) a period of at least 30 days 
                        during which to take such corrective 
                        action as the Secretary determines is 
                        necessary to comply with the applicable 
                        agreement; and
                    (C) the State, after the notification and 
                period provided under subparagraph (B), fails 
                to take satisfactory corrective action, as 
                determined by Secretary.

           *       *       *       *       *       *       *

[Sec. 307. Safety information and intervention in Interstate Commerce 
                    Commission proceedings

    [(a) The Secretary of Transportation shall inspect promptly 
the safety compliance record in the Department of 
Transportation of each person applying to the Interstate 
Commerce Commission for authority to provide transportation or 
freight forwarder service. The Secretary shall report the 
findings of the inspection to the Commission.
    [(b) When the Secretary is not satisfied with the safety 
record of a person applying for permanent authority to provide 
transportation or freight forwarder service, or for approval of 
a proposed transfer of permanent authority, the Secretary shall 
intervene and present evidence of the fitness of the person to 
the Commission in its proceedings.
    [(c) When requested by the Commission, the Secretary 
shall--
            [(1) provide the Commission with a complete report 
        on the safety compliance of a carrier providing 
        transportation or freight forwarder service subject to 
        its jurisdiction;
            [(2) provide promptly a statement of the safety 
        record of a person applying to the Commission for 
        temporary authority to provide transportation;
            [(3) intervene and present evidence in a proceeding 
        in which a finding of fitness is required; and
            [(4) make additional safety compliance surveys and 
        inspections the Commission decides are desirable to 
        allow it to act on an application or to make a finding 
        on the fitness of a carrier.]

Sec. 307. Contractor suspension and debarment policy; sharing fraud 
                    monetary recoveries

    (a) Mandatory Enforcement Policy.--
            (1) In general.--Notwithstanding any other 
        provision of law, the Secretary--
                    (A) shall debar any contractor or 
                subcontractor convicted of a criminal or civil 
                offense involving fraud relating to a project 
                receiving Federal highway or transit funds for 
                such period as the Secretary determines to be 
                appropriate; and
                    (B) subject to approval by the Attorney 
                General--
                            (i) except as provided in paragraph 
                        (2), shall suspend any contractor or 
                        subcontractor upon indictment for 
                        criminal or civil offenses involving 
                        fraud; and
                            (ii) may exclude nonaffiliated 
                        subsidiaries of a debarred business 
                        entity.
            (2) National security exception.--If the Secretary 
        finds that mandatory debarment or suspension of a 
        contractor or subcontractor under paragraph (1) would 
        be contrary to the national security of the United 
        States, the Secretary--
                    (A) may waive the debarment or suspension; 
                and
                    (B) in the instance of each waiver, shall 
                provide notification to Congress of the waiver 
                with appropriate details.
    (b) Sharing of Monetary Recoveries.--
            (1) In general.--Notwithstanding any other 
        provision of law--
                    (A) monetary judgments accruing to the 
                Federal Government from judgments in Federal 
                criminal prosecutions and civil judgments 
                pertaining to fraud in highway and transit 
                programs shall be shared with the State or 
                local transit agency involved; and
                    (B) the State or local transit agency shall 
                use the funds for transportation infrastructure 
                and oversight activities relating to programs 
                authorized under title 23 and this title.
            (2) Amount.--The amount of recovered funds to be 
        shared with an affected State or local transit agency 
        shall be--
                    (A) determined by the Attorney General, in 
                consultation with the Secretary; and
                    (B) considered to be Federal funds to be 
                used in compliance with other relevant Federal 
                transportation laws (including regulations).
            (3) Fraudulent activity.--Paragraph (1) shall not 
        apply in any case in which a State or local transit 
        agency is found by the Attorney General, in 
        consultation with the Secretary, to have been involved 
        or negligent with respect to the fraudulent activities.

           *       *       *       *       *       *       *

                              ----------                              

                      TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

           *       *       *       *       *       *       *

                             PART A--GENERAL

Chapter                                                             Sec.
      MOTOR VEHICLE SAFETY.........................................30101
      NATIONAL DRIVER REGISTER.....................................30301
      NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM..............30501

                           PART B--COMMERCIAL

      COMMERCIAL MOTOR VEHICLE SAFETY..............................31101
      COMMERCIAL MOTOR VEHICLE OPERATORS...........................31301
      MOTOR CARRIER SAFETY.........................................31501
      PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL 
        FUEL TAX AGREEMENT.........................................31701

            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS

      GENERAL......................................................32101
      CONSUMER INFORMATION.........................................32301
      BUMPER STANDARDS.............................................32501
      ODOMETERS....................................................32701
      AUTOMOBILE FUEL ECONOMY......................................32901
      THEFT PREVENTION.............................................33101

                            PART A--GENERAL

                   CHAPTER 301--MOTOR VEHICLE SAFETY

                          SUBCHAPTER I--GENERAL

Sec.
30101.  Purpose and policy.
30102.  Definitions.
30103.  Relationship to other laws.
30104.  Authorization of appropriations.
30105.  Restriction on lobbying activities.

                 SUBCHAPTER II--STANDARDS AND COMPLIANCE

30111.  Standards.
30112.  Prohibitions on manufacturing, selling, and importing 
          noncomplying motor vehicles and equipment.
30113.  General exemptions.
30114.  Special exemptions.
30115.  Certification of compliance.
30116.  Defects and noncompliance found before sale to purchaser.
30117.  Providing information to, and maintaining records on, 
          purchasers.
30118.  Notification of defects and noncompliance.
30119.  Notification procedures.
30120.  Remedies for defects and noncompliance.
30121.  Provisional notification and civil actions to enforce.
30122.  Making safety devices and elements inoperative.
30123.  Tires.
30124.  Buzzers indicating nonuse of safety belts.
30125.  Schoolbuses and schoolbus equipment.
30126.  Used motor vehicles.
30127.  Automatic occupant crash protection and seat belt use.

   SUBCHAPTER III--IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT

30141.  Importing motor vehicles capable of complying with standards.
30142.  Importing motor vehicles for personal use.
30143.  Motor vehicles imported by individuals employed outside the 
          United States.
30144.  Importing motor vehicles on a temporary basis.
30145.  Importing motor vehicles or equipment requiring further 
          manufacturing.
30146.  Release of motor vehicles and bonds.
30147.  Responsibility for defects and noncompliance.

              SUBCHAPTER IV--ENFORCEMENT AND ADMINISTRATIVE

30161.  Judicial review of standards.
30162.  Petitions by interested persons for standards and enforcement.
30163.  Actions by the Attorney General.
30164.  Service of process.
30165.  Civil penalty.
30166.  Inspections, investigations, and records.
30167.  Disclosure of information by the Secretary of Transportation.
30168.  Research, testing, development, and training.
30169.  Annual reports.
30170.  Criminal penalties.

           *       *       *       *       *       *       *

Sec. 409. Discovery and admission as evidence of certain reports and 
                    surveys

      Notwithstanding any other provision of law, reports, 
surveys, schedules, lists, or data compiled or collected for 
the purpose of identifying evaluating, or planning the safety 
enhancement of potential accident sites, hazardous roadway 
conditions, or railway-highway crossings, pursuant to sections 
130, 144, and [152] 148 of this title or for the purpose of 
developing any highway safety construction improvement project 
which may be implemented utilizing Federal-aid highway funds 
shall not be subject to discovery or admitted into evidence in 
a Federal or State court proceeding or considered for other 
purposes in any action for damages arising from any occurrence 
at a location mentioned or addressed in such reports, surveys, 
schedules, lists, or data.

           *       *       *       *       *       *       *

                  [CHAPTER 5--RESEARCH AND TECHNOLOGY

[Sec.
501. Definitions.
[502. Surface transportation research.
503. Technology deployment program. \2\
---------------------------------------------------------------------------
    \2\ So in law. Does not conform to section heading.
---------------------------------------------------------------------------
504. Training and education.
[505. State planning and research.
[506. International highway transportation outreach program.
[507. Surface transportation-environment cooperative research program.
[508. Surface transportation research strategic planning.

[Sec. 501. Definitions

    [In this chapter, the following definitions apply:
            [(1) Federal laboratory.--The term ``Federal 
        laboratory'' includes a Government-owned, Government-
        operated laboratory and a Government-owned, contractor-
        operated laboratory.
            [(2) Safety.--The term ``safety'' includes highway 
        and traffic safety systems, research, and development 
        relating to vehicle, highway, driver, passenger, 
        bicyclist, and pedestrian characteristics, accident 
        investigations, communications, emergency medical care, 
        and transportation of the injured.

[Sec. 502. Surface transportation research

    [(a) General Authority.--
            [(1) Research, development, and technology transfer 
        activities.--The Secretary may carry out research, 
        development, and technology transfer activities with 
        respect to--
                    [(A) motor carrier transportation;
                    [(B) all phases of transportation planning 
                and development (including construction, 
                operation, modernization, development, design, 
                maintenance, safety, financing, and traffic 
                conditions); and
                    [(C) the effect of State laws on the 
                activities described in subparagraphs (A) and 
                (B).
            [(2) Tests and development.--The Secretary may 
        test, develop, or assist in testing and developing any 
        material, invention, patented article, or process.
            [(3) Cooperation, grants, and contracts.--The 
        Secretary may carry out this section--
                    [(A) independently;
                    [(B) in cooperation with other Federal 
                departments, agencies, and instrumentalities 
                and Federal laboratories; or
                    [(C) by making grants to, or entering into 
                contracts, cooperative agreements, and other 
                transactions with, the National Academy of 
                Sciences, the American Association of State 
                Highway and Transportation Officials, or any 
                Federal laboratory, State agency, authority, 
                association, institution, for-profit or 
                nonprofit corporation, organization, foreign 
                country, or person.
            [(4) Technological innovation.--The programs and 
        activities carried out under this section shall be 
        consistent with the surface transportation research and 
        technology development strategic plan developed under 
        section 508.
            [(5) Funds.--
                    [(A) Special account.--In addition to other 
                funds made available to carry out this section, 
                the Secretary shall use such funds as may be 
                deposited by any cooperating organization or 
                person in a special account of the Treasury 
                established for this purpose.
                    [(B) Use of funds.--The Secretary shall use 
                funds made available to carry out this section 
                to develop, administer, communicate, and 
                promote the use of products of research, 
                development, and technology transfer programs 
                under this section.
    [(b) Collaborative Research and Development.--
            [(1) In general.--To encourage innovative solutions 
        to surface transportation problems and stimulate the 
        deployment of new technology, the Secretary may carry 
        out, on a cost-shared basis, collaborative research and 
        development with--
                    [(A) non-Federal entities, including State 
                and local governments, foreign governments, 
                colleges and universities, corporations, 
                institutions, partnerships, sole 
                proprietorships, and trade associations that 
                are incorporated or established under the laws 
                of any State; and
                    [(B) Federal laboratories.
            [(2) Agreements.--In carrying out this subsection, 
        the Secretary may enter into cooperative research and 
        development agreements (as defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3710a)).
            [(3) Federal share.--
                    [(A) In general.--The Federal share of the 
                cost of activities carried out under a 
                cooperative research and development agreement 
                entered into under this subsection shall not 
                exceed 50 percent, except that if there is 
                substantial public interest or benefit, the 
                Secretary may approve a greater Federal share.
                    [(B) Non-federal share.--All costs directly 
                incurred by the non-Federal partners, including 
                personnel, travel, and hardware development 
                costs, shall be credited toward the non-Federal 
                share of the cost of the activities described 
                in subparagraph (A).
            [(4) Use of technology.--The research, development, 
        or use of a technology under a cooperative research and 
        development agreement entered into under this 
        subsection, including the terms under which the 
        technology may be licensed and the resulting royalties 
        may be distributed, shall be subject to the Stevenson-
        Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3701 et seq.).
            [(5) Waiver of advertising requirements.--Section 
        3709 of the Revised Statutes (41 U.S.C. 5) shall not 
        apply to a contract or agreement entered into under 
        this chapter.
    [(c) Contents of Research Program.--The Secretary shall 
include in surface transportation research, technology 
development, and technology transfer programs carried out under 
this title coordinated activities in the following areas:
            [(1) Development, use, and dissemination of 
        indicators, including appropriate computer programs for 
        collecting and analyzing data on the status of 
        infrastructure facilities, to measure the performance 
        of the surface transportation systems of the United 
        States, including productivity, efficiency, energy use, 
        air quality, congestion, safety, maintenance, and other 
        factors that reflect system performance.
            [(2) Methods, materials, and testing to improve the 
        durability of surface transportation infrastructure 
        facilities and extend the life of bridge structures, 
        including--
                    [(A) new and innovative technologies to 
                reduce corrosion;
                    [(B) tests simulating seismic activity, 
                vibration, and weather; and
                    [(C) the use of innovative recycled 
                materials.
            [(3) Technologies and practices that reduce costs 
        and minimize disruptions associated with the 
        construction, rehabilitation, and maintenance of 
        surface transportation systems, including responses to 
        natural disasters.
            [(4) Development of nondestructive evaluation 
        equipment for use with existing infrastructure 
        facilities and with next-generation infrastructure 
        facilities that use advanced materials.
            [(5) Dynamic simulation models of surface 
        transportation systems for--
                    [(A) predicting capacity, safety, and 
                infrastructure durability problems;
                    [(B) evaluating planned research projects; 
                and
                    [(C) testing the strengths and weaknesses 
                of proposed revisions to surface transportation 
                operations programs.
            [(6) Economic highway geometrics, structures, and 
        desirable weight and size standards for vehicles using 
        the public highways and the feasibility of uniformity 
        in State regulations with respect to such standards.
            [(7) Telecommuting and the linkages between 
        transportation, information technology, and community 
        development and the impact of technological change and 
        economic restructuring on travel demand.
            [(8) Expansion of knowledge of implementing life 
        cycle cost analysis, including--
                    [(A) establishing the appropriate analysis 
                period and discount rates;
                    [(B) learning how to value and properly 
                consider use costs;
                    [(C) determining tradeoffs between 
                reconstruction and rehabilitation; and
                    [(D) establishing methodologies for 
                balancing higher initial costs of new 
                technologies and improved or advanced materials 
                against lower maintenance costs.
            [(9) Standardized estimates, to be developed in 
        conjunction with the National Institute of Standards 
        and Technology and other appropriate organizations, of 
        useful life under various conditions for advanced 
        materials of use in surface transportation.
            [(10) Evaluation of traffic calming measures that 
        promote community preservation, transportation mode 
        choice, and safety.
            [(11) Development and implementation of safety-
        enhancing equipment, including unobtrusive eyetracking 
        technology.
    [(d) Advanced Research.--
            [(1) In general.--The Secretary shall establish an 
        advanced research program, consistent with the surface 
        transportation research and technology development 
        strategic plan developed under section 508, that 
        addresses longer-term, higher-risk research that shows 
        potential benefits for improving the durability, 
        efficiency, environmental impact, productivity, and 
        safety (including bicycle and pedestrian safety) of 
        highway and intermodal transportation systems. In 
        carrying out the program, the Secretary shall strive to 
        develop partnerships with the public and private 
        sectors.
            [(2) Research areas.--In carrying out the program, 
        the Secretary may make grants and enter into 
        cooperative agreements and contracts in such areas as 
        the Secretary determines appropriate, including the 
        following:
                    [(A) Characterization of materials used in 
                highway infrastructure, including analytical 
                techniques, microstructure modeling, and the 
                deterioration processes.
                    [(B) Diagnostics for evaluation of the 
                condition of bridge and pavement structures to 
                enable the assessment of risks of failure, 
                including from seismic activity, vibration, and 
                weather.
                    [(C) Design and construction details for 
                composite structures.
                    [(D) Safety technology-based problems in 
                the areas of pedestrian and bicycle safety, 
                roadside hazards, and composite materials for 
                roadside safety hardware.
                    [(E) Environmental research, including 
                particulate matter source apportionment and 
                model development.
                    [(F) Data acquisition techniques for system 
                condition and performance monitoring.
                    [(G) Human factors, including prediction of 
                the response of travelers to new technologies.
    [(e) Long-Term Pavement Performance Program.--
            [(1) Authority.--The Secretary shall complete the 
        long-term pavement performance program tests initiated 
        under the strategic highway research program 
        established under section 307(d) (as in effect on the 
        day before the date of enactment of this section) and 
        continued by the Intermodal Surface Transportation 
        Efficiency Act of 1991 (105 Stat. 1914 et seq.) through 
        the midpoint of a planned 20-year life of the long-term 
        pavement performance program.
            [(2) Grants, cooperative agreements, and 
        contracts.--Under the program, the Secretary shall make 
        grants and enter into cooperative agreements and 
        contracts to--
                    [(A) monitor, material-test, and evaluate 
                highway test sections in existence as of the 
                date of the grant, agreement, or contract;
                    [(B) analyze the data obtained in carrying 
                out subparagraph (A); and
                    [(C) prepare products to fulfill program 
                objectives and meet future pavement technology 
                needs.
    [(f) Seismic Research Program.--
            [(1) Establishment.--The Secretary shall establish 
        a program to study the vulnerability of the Federal-aid 
        highway system and other surface transportation systems 
        to seismic activity and to develop and implement cost-
        effective methods to reduce such vulnerability.
            [(2) Cooperation with national center for 
        earthquake engineering research.--The Secretary shall 
        conduct the program in cooperation with the National 
        Center for Earthquake Engineering Research at the 
        University of Buffalo.
            [(3) Cooperation with agencies participating in 
        national earthquake hazards reduction program.--The 
        Secretary shall conduct the program in consultation and 
        cooperation with Federal departments and agencies 
        participating in the National Earthquake Hazards 
        Reduction Program established by section 5 of the 
        Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
        7704) and shall take such actions as may be necessary 
        to ensure that the program is consistent with--
                    [(A) planning and coordination activities 
                of the Director of the Federal Emergency 
                Management Agency under section 5(b)(1) of such 
                Act (42 U.S.C. 7704(b)(1)); and
                    [(B) the plan developed by the Director of 
                the Federal Emergency Management Agency under 
                section 8(b) of such Act (42 U.S.C. 7705b(b)).
    [(g) Infrastructure Investment Needs Report.--
            [(1) In general.--Not later than January 31, 1999, 
        and January 31 of every second year thereafter, the 
        Secretary shall report to the Committee on Environment 
        and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives on--
                    [(A) estimates of the future highway and 
                bridge needs of the United States; and
                    [(B) the backlog of current highway and 
                bridge needs.
            [(2) Comparison with prior reports.--Each report 
        under paragraph (1) shall provide the means, including 
        all necessary information, to relate and compare the 
        conditions and service measures used in the 3 biannual 
        reports published prior to the date of enactment of the 
        Transportation Equity Act for the 21st Century.

[Sec. 503. Technology deployment

    [(a) Technology Deployment Initiatives and Partnerships 
Program.--
            [(1) Establishment.--The Secretary shall develop 
        and administer a national technology deployment 
        initiatives and partnerships program.
            [(2) Purpose.--The purpose of the program shall be 
        to significantly accelerate the adoption of innovative 
        technologies by the surface transportation community.
            [(3) Deployment goals.--
                    [(A) Establishment.--Not later than 180 
                days after the date of enactment of this 
                section, the Secretary shall establish not more 
                than 5 deployment goals to carry out paragraph 
                (1).
                    [(B) Design.--Each of the goals and the 
                program developed to achieve the goals shall be 
                designed to provide tangible benefits, with 
                respect to transportation systems, in the areas 
                of efficiency, safety, reliability, service 
                life, environmental protection, and 
                sustainability.
                    [(C) Strategies for achievement.--For each 
                goal, the Secretary, in cooperation with 
                representatives of the transportation community 
                such as States, local governments, the private 
                sector, and academia, shall use domestic and 
                international technology to develop strategies 
                and initiatives to achieve the goal, including 
                technical assistance in deploying technology 
                and mechanisms for sharing information among 
                program participants.
            [(4) Integration with other programs.--The 
        Secretary shall integrate activities carried out under 
        this subsection with the efforts of the Secretary to 
        disseminate the results of research sponsored by the 
        Secretary and to facilitate technology transfer.
            [(5) Leveraging of federal resources.--In selecting 
        projects to be carried out under this subsection, the 
        Secretary shall give preference to projects that 
        leverage Federal funds with other significant public or 
        private resources.
            [(6) Continuation of shrp partnerships.--Under the 
        program, the Secretary shall continue the partnerships 
        established through the strategic highway research 
        program established under section 307(d) (as in effect 
        on the day before the date of enactment of this 
        section).
            [(7) Grants, cooperative agreements, and 
        contracts.--Under the program, the Secretary may make 
        grants and enter into cooperative agreements and 
        contracts to foster alliances and support efforts to 
        stimulate advances in transportation technology, 
        including--
                    [(A) the testing and evaluation of products 
                of the strategic highway research program;
                    [(B) the further development and 
                implementation of technology in areas such as 
                the Superpave system and the use of lithium 
                salts and other alternatives to prevent and 
                mitigate alkali silica reactivity;
                    [(C) the provision of support for long-term 
                pavement performance product implementation and 
                technology access; and
                    [(D) other activities to achieve the goals 
                established under paragraph (3).
            [(8) Reports.--Not later than 18 months after the 
        date of enactment of this section, and biennially 
        thereafter, the Secretary shall submit to the Committee 
        on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives a report on the progress and 
        results of activities carried out under this section.
            [(9) Allocation.--To the extent appropriate to 
        achieve the goals established under paragraph (3), the 
        Secretary may further allocate funds made available to 
        carry out this section to States for their use.
    [(b) Innovative Bridge Research and Construction 
Program.--
            [(1) In general.--The Secretary shall establish and 
        carry out a program to demonstrate the application of 
        innovative material technology in the construction of 
        bridges and other structures.
            [(2) Goals.--The goals of the program shall 
        include--
                    [(A) the development of new, cost-effective 
                innovative material highway bridge 
                applications;
                    [(B) the reduction of maintenance costs and 
                life-cycle costs of bridges, including the 
                costs of new construction, replacement, or 
                rehabilitation of deficient bridges;
                    [(C) the development of construction 
                techniques to increase safety and reduce 
                construction time and traffic congestion;
                    [(D) the development of engineering design 
                criteria for innovative products and materials 
                for use in highway bridges and structures;
                    [(E) the development of cost-effective and 
                innovative techniques to separate vehicle and 
                pedestrian traffic from railroad traffic;
                    [(F) the development of highway bridges and 
                structures that will withstand natural 
                disasters, including alternative processes for 
                the seismic retrofit of bridges; and
                    [(G) the development of new nondestructive 
                bridge evaluation technologies and techniques.
            [(3) Grants, cooperative agreements, and 
        contracts.--
                    [(A) In general.--Under the program, the 
                Secretary shall make grants to, and enter into 
                cooperative agreements and contracts with--
                            [(i) States, other Federal 
                        agencies, universities and colleges, 
                        private sector entities, and nonprofit 
                        organizations to pay the Federal share 
                        of the cost of research, development, 
                        and technology transfer concerning 
                        innovative materials; and
                            [(ii) States to pay the Federal 
                        share of the cost of repair, 
                        rehabilitation, replacement, and new 
                        construction of bridges or structures 
                        that demonstrate the application of 
                        innovative materials.
                    [(B) Applications.--To receive a grant 
                under this subsection, an entity described in 
                subparagraph (A) shall submit an application to 
                the Secretary. The application shall be in such 
                form and contain such information as the 
                Secretary may require. The Secretary shall 
                select and approve the applications based on 
                whether the project that is the subject of the 
                grant meets the goals of the program described 
                in paragraph (2).
            [(4) Technology and information transfer.--The 
        Secretary shall take such action as is necessary to 
        ensure that the information and technology resulting 
        from research conducted under paragraph (3) is made 
        available to State and local transportation departments 
        and other interested parties as specified by the 
        Secretary.
            [(5) Federal share.--The Federal share of the cost 
        of a project under this section shall be determined by 
        the Secretary.

[Sec. 504. Training and education

    [(a) National Highway Institute.--
            [(1) In general.--The Secretary shall operate in 
        the Federal Highway Administration a National Highway 
        Institute (in this subsection referred to as the 
        ``Institute''). The Secretary shall administer, through 
        the Institute, the authority vested in the Secretary by 
        this title or by any other law for the development and 
        conduct of education and training programs relating to 
        highways.
            [(2) Duties of the institute.--In cooperation with 
        State transportation departments, United States 
        industry, and any national or international entity, the 
        Institute shall develop and administer education and 
        training programs of instruction for--
                    [(A) Federal Highway Administration, State, 
                and local transportation agency employees;
                    [(B) regional, State, and metropolitan 
                planning organizations;
                    [(C) State and local police, public safety, 
                and motor vehicle employees; and
                    [(D) United States citizens and foreign 
                nationals engaged or to be engaged in surface 
                transportation work of interest to the United 
                States.
            [(3) Courses.--The Institute may develop and 
        administer courses in modern developments, techniques, 
        methods, regulations, management, and procedures 
        relating to surface transportation, environmental 
        mitigation and compliance, acquisition of rights-of-
        way, relocation assistance, engineering, safety, 
        construction, maintenance and operations, contract 
        administration, motor carrier safety activities, 
        inspection, and highway finance.
            [(4) Set-aside; federal share.--Not to exceed \1/2\ 
        of 1 percent of the funds apportioned to a State under 
        section 104(b)(3) for the surface transportation 
        program shall be available for expenditure by the State 
        transportation department for the payment of not to 
        exceed 80 percent of the cost of tuition and direct 
        educational expenses (excluding salaries) in connection 
        with the education and training of employees of State 
        and local transportation agencies in accordance with 
        this subsection.
            [(5) Federal responsibility.--
                    [(A) In general.--Except as provided in 
                subparagraph (B), education and training of 
                employees of Federal, State, and local 
                transportation (including highway) agencies 
                authorized under this subsection may be 
                provided--
                            [(i) by the Secretary at no cost to 
                        the States and local governments if the 
                        Secretary determines that provision at 
                        no cost is in the public interest; or
                            [(ii) by the State through grants, 
                        cooperative agreements, and contracts 
                        with public and private agencies, 
                        institutions, individuals, and the 
                        Institute.
                    [(B) Payment of full cost by private 
                persons.--Private agencies, international or 
                foreign entities, and individuals shall pay the 
                full cost of any education and training 
                received by them unless the Secretary 
                determines that a lower cost is of critical 
                importance to the public interest.
            [(6) Training fellowships; cooperation.--The 
        Institute may--
                    [(A) engage in training activities 
                authorized under this subsection, including the 
                granting of training fellowships; and
                    [(B) carry out its authority independently 
                or in cooperation with any other branch of the 
                Federal Government or any State agency, 
                authority, association, institution, for-profit 
                or nonprofit corporation, other national or 
                international entity, or other person.
            [(7) Collection of fees.--
                    [(A) General rule.--In accordance with this 
                subsection, the Institute may assess and 
                collect fees solely to defray the costs of the 
                Institute in developing or administering 
                education and training programs under this 
                subsection.
                    [(B) Limitation.--Fees may be assessed and 
                collected under this subsection only in a 
                manner that may reasonably be expected to 
                result in the collection of fees during any 
                fiscal year in an aggregate amount that does 
                not exceed the aggregate amount of the costs 
                referred to in subparagraph (A) for the fiscal 
                year.
                    [(C) Persons subject to fees.--Fees may be 
                assessed and collected under this subsection 
                only with respect to--
                            [(i) persons and entities for whom 
                        education or training programs are 
                        developed or administered under this 
                        subsection; and
                            [(ii) persons and entities to whom 
                        education or training is provided under 
                        this subsection.
                    [(D) Amount of fees.--The fees assessed and 
                collected under this subsection shall be 
                established in a manner that ensures that the 
                liability of any person or entity for a fee is 
                reasonably based on the proportion of the costs 
                referred to in subparagraph (A) that relate to 
                the person or entity.
                    [(E) Use.--All fees collected under this 
                subsection shall be used to defray costs 
                associated with the development or 
                administration of education and training 
                programs authorized under this subsection.
            [(8) Relation to fees.--The funds made available to 
        carry out this subsection may be combined with or held 
        separate from the fees collected under paragraph (7).
    [(b) Local Technical Assistance Program.--
            [(1) Authority.--The Secretary shall carry out a 
        local technical assistance program that will provide 
        access to surface transportation technology to--
                    [(A) highway and transportation agencies in 
                urbanized areas with populations of between 
                50,000 and 1,000,000 individuals;
                    [(B) highway and transportation agencies in 
                rural areas; and
                    [(C) contractors that do work for the 
                agencies.
            [(2) Grants, cooperative agreements, and 
        contracts.--The Secretary may make grants and enter 
        into cooperative agreements and contracts to provide 
        education and training, technical assistance, and 
        related support services to--
                    [(A) assist rural, local transportation 
                agencies and tribal governments, and the 
                consultants and construction personnel working 
                for the agencies and governments, to--
                            [(i) develop and expand their 
                        expertise in road and transportation 
                        areas (including pavement, bridge, 
                        concrete structures, safety management 
                        systems, and traffic safety 
                        countermeasures);
                            [(ii) improve roads and bridges;
                            [(iii) enhance--
                                    [(I) programs for the 
                                movement of passengers and 
                                freight; and
                                    (II) intergovernmental 
                                transportation planning and 
                                project selection; and
                            [(iv) deal effectively with special 
                        transportation-related problems by 
                        preparing and providing training 
                        packages, manuals, guidelines, and 
                        technical resource materials;
                    [(B) develop technical assistance for 
                tourism and recreational travel;
                    [(C) identify, package, and deliver 
                transportation technology and traffic safety 
                information to local jurisdictions to assist 
                urban transportation agencies in developing and 
                expanding their ability to deal effectively 
                with transportation-related problems;
                    [(D) operate, in cooperation with State 
                transportation departments and universities--
                            [(i) local technical assistance 
                        program centers designated to provide 
                        transportation technology transfer 
                        services to rural areas and to 
                        urbanized areas with populations of 
                        between 50,000 and 1,000,000 
                        individuals; and
                            [(ii) local technical assistance 
                        program centers designated to provide 
                        transportation technical assistance to 
                        Indian tribal governments; and
                    [(E) allow local transportation agencies 
                and tribal governments, in cooperation with the 
                private sector, to enhance new technology 
                implementation.
    [(c) Research Fellowships.--
            [(1) General authority.--The Secretary, acting 
        either independently or in cooperation with other 
        Federal departments, agencies, and instrumentalities, 
        may make grants for research fellowships for any 
        purpose for which research is authorized by this 
        chapter.
            [(2) Dwight david eisenhower transportation 
        fellowship program.--The Secretary shall establish and 
        implement a transportation research fellowship program 
        for the purpose of attracting qualified students to the 
        field of transportation. The program shall be known as 
        the ``Dwight David Eisenhower Transportation Fellowship 
        Program''.

[Sec. 505. State planning and research

    [(a) General Rule.--Two percent of the sums apportioned to 
a State for fiscal year 1998 and each fiscal year thereafter 
under section 104 (other than sections 104(f) and 104(h)) and 
under section 144 shall be available for expenditure by the 
State, in consultation with the Secretary, only for the 
following purposes:
            [(1) Engineering and economic surveys and 
        investigations.
            [(2) The planning of future highway programs and 
        local public transportation systems and the planning of 
        the financing of such programs and systems, including 
        metropolitan and statewide planning under sections 134 
        and 135.
            [(3) Development and implementation of management 
        systems under section 303.
            [(4) Studies of the economy, safety, and 
        convenience of surface transportation systems and the 
        desirable regulation and equitable taxation of such 
        systems.
            [(5) Research, development, and technology transfer 
        activities necessary in connection with the planning, 
        design, construction, management, and maintenance of 
        highway, public transportation, and intermodal 
        transportation systems.
            [(6) Study, research, and training on the 
        engineering standards and construction materials for 
        transportation systems described in paragraph (5), 
        including the evaluation and accreditation of 
        inspection and testing and the regulation and taxation 
        of their use.
    [(b) Minimum Expenditures on Research, Development, and 
Technology Transfer Activities.--
            [(1) In general.--Subject to paragraph (2), not 
        less than 25 percent of the funds subject to subsection 
        (a) that are apportioned to a State for a fiscal year 
        shall be expended by the State for research, 
        development, and technology transfer activities 
        described in subsection (a), relating to highway, 
        public transportation, and intermodal transportation 
        systems.
            [(2) Waivers.--The Secretary may waive the 
        application of paragraph (1) with respect to a State 
        for a fiscal year if the State certifies to the 
        Secretary for the fiscal year that total expenditures 
        by the State for transportation planning under sections 
        134 and 135 will exceed 75 percent of the funds 
        described in paragraph (1) and the Secretary accepts 
        such certification.
            [(3) Nonapplicability of assessment.--Funds 
        expended under paragraph (1) shall not be considered to 
        be part of the extramural budget of the agency for the 
        purpose of section 9 of the Small Business Act (15 
        U.S.C. 638).
    [(c) Federal Share.--The Federal share of the cost of a 
project carried out using funds subject to subsection (a) shall 
be 80 percent unless the Secretary determines that the 
interests of the Federal-aid highway program would be best 
served by decreasing or eliminating the non-Federal share.
    [(d) Administration of Sums.--Funds subject to subsection 
(a) shall be combined and administered by the Secretary as a 
single fund and shall be available for obligation for the same 
period as funds apportioned under section 104(b)(1).

[Sec. 506. International highway transportation outreach program

    [(a) Establishment.--The Secretary may establish an 
international highway transportation outreach program--
            [(1) to inform the United States highway community 
        of technological innovations in foreign countries that 
        could significantly improve highway transportation in 
        the United States;
            [(2) to promote United States highway 
        transportation expertise, goods, and services in 
        foreign countries; and
            [(3) to increase transfers of United States highway 
        transportation technology to foreign countries.
    [(b) Activities.--Activities carried out under the program 
may include--
            [(1) development, monitoring, assessment, and 
        dissemination in the United States of information about 
        highway transportation innovations in foreign countries 
        that could significantly improve highway transportation 
        in the United States;
            [(2) research, development, demonstration, 
        training, and other forms of technology transfer and 
        exchange;
            [(3) informing foreign countries about the 
        technical quality of United States highway 
        transportation goods and services through participation 
        in trade shows, seminars, expositions, and other such 
        activities;
            [(4) offering technical services of the Federal 
        Highway Administration that cannot be readily obtained 
        from United States private sector firms to be 
        incorporated into the proposals of United States 
        private sector firms undertaking highway transportation 
        projects outside the United States if the costs of such 
        services will be recovered under the terms of the 
        project;
            [(5) conducting studies to assess the need for or 
        feasibility of highway transportation improvements in 
        countries that are not members of the Organization for 
        Economic Cooperation and Development, as of December 
        18, 1991, and in Greece and Turkey; and
            [(6) gathering and disseminating information on 
        foreign transportation markets and industries.
    [(c) Cooperation.--The Secretary may carry out this section 
in cooperation with any appropriate Federal agency, State or 
local agency, authority, association, institution, corporation 
(profit or nonprofit), foreign government, multinational 
institution, or other organization or person.
    [(d) Funds.--
            [(1) Contributions.--Funds available to carry out 
        this section shall include funds deposited by any 
        cooperating organization or person into a special 
        account of the Treasury established for this purpose.
            [(2) Eligible uses of funds.--The funds deposited 
        into the account and other funds available to carry out 
        this section shall be available to cover the cost of 
        any activity eligible under this section, including the 
        cost of promotional materials, travel, reception and 
        representation expenses, and salaries and benefits.
            [(3) Reimbursements for salaries and benefits.--
        Reimbursements for salaries and benefits of Department 
        of Transportation employees providing services under 
        this section shall be credited to the account.
    [(e) Eligible Use of State Planning and Research Funds.--A 
State, in coordination with the Secretary, may obligate funds 
made available to carry out section 505 for any activity 
authorized under subsection (a).

[Sec. 507. Surface transportation-environment cooperative research 
                    program

    [(a) In General.--The Secretary shall establish and carry 
out a surface transportation-environment cooperative research 
program.
    [(b) Contents.--The program to be carried out under this 
section shall include research designed--
            [(1) to develop more accurate models for evaluating 
        transportation control measures and transportation 
        system designs that are appropriate for use by State 
        and local governments, including metropolitan planning 
        organizations, in designing implementation plans to 
        meet Federal, State, and local environmental 
        requirements;
            [(2) to improve understanding of the factors that 
        contribute to the demand for transportation, including 
        transportation system design, demographic change, land 
        use planning, and communications and other information 
        technologies;
            [(3) to develop indicators of economic, social, and 
        environmental performance of transportation systems to 
        facilitate analysis of potential alternatives;
            [(4) to study the relationship between highway 
        density and ecosystem integrity, including the impacts 
        of highway density on habitat integrity and overall 
        ecosystem health, and develop a rapid assessment 
        methodology for use by transportation and regulatory 
        agencies in determining the relationship between 
        highway density and ecosystem integrity; and
            [(5) to meet additional priorities as determined by 
        the advisory board established under subsection (c), 
        including recommendations of the National Research 
        Council in the report entitled ``Environmental Research 
        Needs in Transportation''.
    [(c) Advisory Board.--
            [(1) Establishment.--In consultation with the 
        Secretary of Energy, the Administrator of the 
        Environmental Protection Agency, and the heads of other 
        appropriate Federal departments and agencies, the 
        Secretary shall establish an advisory board to 
        recommend environmental and energy conservation 
        research, technology, and technology transfer 
        activities related to surface transportation.
            [(2) Membership.--The advisory board shall 
        include--
                    [(A) representatives of State 
                transportation and environmental agencies;
                    [(B) transportation and environmental 
                scientists and engineers; and
                    [(C) representatives of metropolitan 
                planning organizations, transit operating 
                agencies, and environmental organizations.
    [(d) National Academy of Sciences.--The Secretary may make 
grants to, and enter into cooperative agreements with, the 
National Academy of Sciences to carry out such activities 
relating to the research, technology, and technology transfer 
activities described in subsection (b) as the Secretary 
determines appropriate.

[Sec. 508. Surface transportation research strategic planning

    [(a) In General.--The Secretary shall--
            [(1) establish a strategic planning process, 
        consistent with section 306 of title 5 for the 
        Department of Transportation to determine national 
        transportation research and technology development 
        priorities related to surface transportation;
            [(2) coordinate Federal surface transportation 
        research and technology development activities;
            [(3) measure the results of those activities and 
        how they impact the performance of the surface 
        transportation systems of the United States; and
            [(4) ensure that planning and reporting activities 
        carried out under this section are coordinated with all 
        other surface transportation planning and reporting 
        requirements.
    [(b) Implementation.--The Secretary shall--
            [(1) provide for the integrated planning, 
        coordination, and consultation among the operating 
        administrations of the Department of Transportation, 
        all other Federal agencies with responsibility for 
        surface transportation research and technology 
        development, State and local governments, institutions 
        of higher education, industry, and other private and 
        public sector organizations engaged in surface 
        transportation-related research and development 
        activities;
            [(2) ensure that the surface transportation 
        research and technology development programs of the 
        Department do not duplicate other Federal, State, or 
        private sector research and development programs; and
            [(3) provide for independent validation of the 
        scientific and technical assumptions underlying the 
        surface transportation research and technology 
        development programs of the Department.
    [(c) Surface Transportation Research and Technology 
Development Strategic Plan.--
            [(1) Development.--The Secretary shall develop an 
        integrated surface transportation research and 
        technology development strategic plan.
            [(2) Contents.--The plan shall include--
                    [(A) an identification of the general goals 
                and objectives of the Department of 
                Transportation for surface transportation 
                research and development;
                    [(B) a description of the roles of the 
                Department and other Federal agencies in 
                achieving the goals identified under 
                subparagraph (A), in order to avoid unnecessary 
                duplication of effort;
                    [(C) a description of the overall strategy 
                of the Department, and the role of each of the 
                operating administrations of the Department, in 
                carrying out the plan over the next 5 years, 
                including a description of procedures for 
                coordination of the efforts of the Secretary 
                with the efforts of the operating 
                administrations of the Department and other 
                Federal agencies;
                    [(D) an assessment of how State and local 
                research and technology development activities 
                are contributing to the achievement of the 
                goals identified under subparagraph (A);
                    [(E) details of the surface transportation 
                research and technology development programs of 
                the Department, including performance goals, 
                resources needed to achieve those goals, and 
                performance indicators as described in section 
                1115(a) of title 31, United States Code, for 
                the next 5 years for each area of research and 
                technology development;
                    [(F) significant comments on the plan 
                obtained from outside sources; and
                    [(G) responses to significant comments 
                obtained from the National Research Council and 
                other advisory bodies, and a description of any 
                corrective actions taken pursuant to such 
                comments.
            [(3) National research council review.--The 
        Secretary shall enter into an agreement for the review 
        by the National Research Council of the details of 
        each--
                    [(A) strategic plan or revision required 
                under section 306 of title 5;
                    [(B) performance plan required under 
                section 1115 of title 31; and
                    [(C) program performance report required 
                under section 1116,
        with respect to surface transportation research and 
        technology development.
            [(4) Performance plans and reports.--In reports 
        submitted under sections 1115 and 1116 of title 31, the 
        Secretary shall include--
                    [(A) a summary of the results for the 
                previous fiscal year of surface transportation 
                research and technology development programs to 
                which the Department of Transportation 
                contributes, along with--
                            [(i) an analysis of the 
                        relationship between those results and 
                        the goals identified under paragraph 
                        (2)(A); and
                            [(ii) a description of the 
                        methodology used for assessing the 
                        results; and
                    [(B) a description of significant surface 
                transportation research and technology 
                development initiatives, if any, undertaken 
                during the previous fiscal year that were not 
                in the plan developed under paragraph (1), and 
                any significant changes in the plan from the 
                previous year's plan.
    [(d) Merit Review and Performance Measurement.--Not later 
than 1 year after the date of enactment of this section, the 
Secretary shall transmit to Congress a report describing 
competitive merit review procedures for use in selecting 
grantees and contractors in the programs covered by the plan 
developed under subsection (c) and performance measurement 
procedures for evaluating the programs.
    [(e) Procurement Procedures.--The Secretary shall--
            [(1) develop model procurement procedures that 
        encourage the use of advanced technologies; and
            [(2) develop model transactions for carrying out 
        and coordinating Federal and State surface 
        transportation research and technology development 
        activities.
    [(f) Consistency With Government Performance and Results 
Act of 1993.--The plans and reports developed under this 
section shall be consistent with and incorporated as part of 
the plans developed under section 306 of title 5 and sections 
1115 and 1116 of title 31.]

                   CHAPTER 5_RESEARCH AND TECHNOLOGY

                  Subchapter I_Surface Transportation

                                      Sec.
                                      501. Definitions.
                                      502. Surface transportation 
                                      research.
                                      503. Technology application 
                                      program.
                                      504. Training and education.
                                      505. State planning and research.
                                      506. International highway 
                                      transportation outreach program.
                                      507. Surface transportation-
                                      environment cooperative research 
                                      program.
                                      508. Surface transportation 
                                      research technology deployment 
                                      and strategic planning.
                                      509. New strategic highway 
                                      research program.
                                      510. University transportation 
                                      centers.

SUBCHAPTER II_INTELLIGENT TRANSPORTATION SYSTEM RESEARCH AND TECHNICAL 
                           ASSISTANCE PROGRAM

                                      521. Finding.
                                      522. Goals and purposes.
                                      523. Definitions.
                                      524. General authorities and 
                                      requirements.
                                      525. National ITS Program Plan.
                                      526. National ITS architecture 
                                      and standards.
                                      527. Commercial vehicle 
                                      intelligent transportation system 
                                      infrastructure program.
                                      528. Research and development.
                                      529. Use of funds.

                  SUBCHAPTER I_SURFACE TRANSPORTATION

Sec. 501. Definitions

    In this subchapter:
            (1) Federal laboratory.--The term `Federal 
        laboratory' includes--
                    (A) a Government-owned, Government-operated 
                laboratory; and
                    (B) a Government-owned, contractor-operated 
                laboratory.
            (2) Safety.--The term `safety' includes highway and 
        traffic safety systems, research, and development 
        relating to--
                    (A) vehicle, highway, driver, passenger, 
                bicyclist, and pedestrian characteristics;
                    (B) accident investigations;
                    (C) communications;
                    (D) emergency medical care; and
                    (E) transportation of the injured.

Sec. 502. Surface transportation research

    (a) In General.--
            (1) Research, development, and technology transfer 
        activities.--The Secretary may carry out research, 
        development, and technology transfer activities with 
        respect to--
                    (A) all phases of transportation planning 
                and development (including new technologies, 
                construction, transportation systems management 
                and operations development, design, 
                maintenance, safety, security, financing, data 
                collection and analysis, demand forecasting, 
                multimodal assessment, and traffic conditions); 
                and
                    (B) the effect of State laws on the 
                activities described in subparagraph (A).
            (2) Tests and development.--The Secretary may test, 
        develop, or assist in testing and developing, any 
        material, invention, patented article, or process.
            (3) Cooperation, grants, and contracts.--
                    (A) In general.--The Secretary may carry 
                out this section--
                            (i) independently;
                            (ii) in cooperation with--
                                    (I) any other Federal 
                                agency or instrumentality; and
                                    (II) any Federal 
                                laboratory; or
                            (iii) by making grants to, or 
                        entering into contracts, cooperative 
                        agreements, and other transactions 
                        with--
                                    (I) the National Academy of 
                                Sciences;
                                    (II) the American 
                                Association of State Highway 
                                and Transportation Officials;
                                    (III) planning 
                                organizations;
                                    (IV) a Federal laboratory;
                                    (V) a State agency;
                                    (VI) an authority, 
                                association, institution, or 
                                organization;
                                    (VII) a for-profit or 
                                nonprofit corporation;
                                    (VIII) a foreign country; 
                                or
                                    (IX) any other person.
                    (B) Competition; review.--All parties 
                entering into contracts, cooperative agreements 
                or other transactions with the Secretary, or 
                receiving grants, to perform research or 
                provide technical assistance under this section 
                shall be selected, to the maximum extent 
                practicable--
                            (i) on a competitive basis; and
                            (ii) on the basis of the results of 
                        peer review of proposals submitted to 
                        the Secretary.
            (4) Technological innovation.--The programs and 
        activities carried out under this section shall be 
        consistent with the surface transportation research and 
        technology development strategic plan developed under 
        section 508(c).
            (5) Funds.--
                    (A) Special account.--In addition to other 
                funds made available to carry out this section, 
                the Secretary shall use such funds as may be 
                deposited by any cooperating organization or 
                person in a special account of the Treasury 
                established for this purpose.
                    (B) Use of funds.--The Secretary shall use 
                funds made available to carry out this section 
                to develop, administer, communicate, and 
                promote the use of products of research, 
                development, and technology transfer programs 
                under this section.
    (b) Collaborative Research and Development.--
            (1) In general.--To encourage innovative solutions 
        to surface transportation problems and stimulate the 
        deployment of new technology, the Secretary may carry 
        out, on a cost-shared basis, collaborative research and 
        development with--
                    (A) non-Federal entities (including State 
                and local governments, foreign governments, 
                colleges and universities, corporations, 
                institutions, partnerships, sole 
                proprietorships, and trade associations that 
                are incorporated or established under the laws 
                of any State); and
                    (B) Federal laboratories.
            (2) Agreements.--In carrying out this subsection, 
        the Secretary may enter into cooperative research and 
        development agreements (as defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3710a)).
            (3) Federal share.--
                    (A) In general.--The Federal share of the 
                cost of activities carried out under a 
                cooperative research and development agreement 
                entered into under this subsection shall not 
                exceed 50 percent, except that if there is 
                substantial public interest or benefit, the 
                Secretary may approve a greater Federal share.
                    (B) Non-federal share.--All costs directly 
                incurred by the non-Federal partners, including 
                personnel, travel, and hardware development 
                costs, shall be credited toward the non-Federal 
                share of the cost of the activities described 
                in subparagraph (A).
            (4) Use of technology.--The research, development, 
        or use of a technology under a cooperative research and 
        development agreement entered into under this 
        subsection, including the terms under which the 
        technology may be licensed and the resulting royalties 
        may be distributed, shall be subject to the Stevenson-
        Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3701 et seq.).
            (5) Waiver of advertising requirements.--Section 
        3709 of the Revised Statutes (41 U.S.C. 5) shall not 
        apply to a contract or agreement entered into under 
        this chapter.
    (c) Contents of Research Program.--The Secretary shall 
include as priority areas of effort within the surface 
transportation research program--
            (1) the development of new technologies and methods 
        in materials, pavements, structures, design, and 
        construction, with the objectives of--
                    (A)(i) increasing to 50 years the expected 
                life of pavements;
                    (ii) increasing to 100 years the expected 
                life of bridges; and
                    (iii) significantly increasing the 
                durability of other infrastructure;
                    (B) lowering the life-cycle costs, 
                including--
                            (i) construction costs;
                            (ii) maintenance costs;
                            (iii) operations costs; and
                            (vi) user costs.
            (2) the development, and testing for effectiveness, 
        of nondestructive evaluation technologies for civil 
        infrastructure using existing and new technologies;
            (3) the investigation of--
                    (A) the application of current natural 
                hazard mitigation techniques to manmade 
                hazards; and
                    (B) the continuation of hazard mitigation 
                research combining manmade and natural hazards;
            (4) the improvement of safety--
                    (A) at intersections;
                    (B) with respect to accidents involving 
                vehicles run off the road; and
                    (C) on rural roads;
            (5) the reduction of work zone incursions and 
        improvement of work zone safety;
            (6) the improvement of geometric design of roads 
        for the purpose of safety;
            (7) the examination of data collected through the 
        national bridge inventory conducted under section 144 
        using the national bridge inspection standards 
        established under section 151, with the objectives of 
        determining whether--
                    (A) the most useful types of data are being 
                collected; and
                    (B) any improvement could be made in the 
                types of data collected and the manner in which 
                the data is collected, with respect to bridges 
                in the United States;
            (8) the improvement of the infrastructure 
        investment needs report described in subsection (g) 
        through--
                    (A) the study and implementation of new 
                methods of collecting better quality data, 
                particularly with respect to performance, 
                congestion, and infrastructure conditions;
                    (B) monitoring of the surface 
                transportation system in a system-wide manner, 
                through the use of--
                            (i) intelligent transportation 
                        system technologies of traffic 
                        operations centers; and
                            (ii) other new data collection 
                        technologies as sources of better 
                        quality performance data;
                    (C) the determination of the critical 
                metrics that should be used to determine the 
                condition and performance of the surface 
                transportation system; and
                    (D) the study and implementation of new 
                methods of statistical analysis and computer 
                models to improve the prediction of future 
                infrastructure investment requirements;
            (9) the development of methods to improve the 
        determination of benefits from infrastructure 
        improvements, including--
                    (A) more accurate calculations of benefit-
                to-cost ratios, considering benefits and 
                impacts throughout local and regional 
                transportation systems;
                    (B) improvements in calculating life-cycle 
                costs; and
                    (C) valuation of assets;
            (10) the improvement of planning processes to 
        better predict outcomes of transportation projects, 
        including the application of computer simulations in 
        the planning process to predict outcomes of planning 
        decisions;
            (11) the multimodal applications of Geographic 
        Information Systems and remote sensing, including such 
        areas of application as--
                    (A) planning;
                    (B) environmental decisionmaking and 
                project delivery; and
                    (C) freight movement;
            (12) the development and application of methods of 
        providing revenues to the Highway Trust Fund with the 
        objective of offsetting potential reductions in fuel 
        tax receipts;
            (13) the development of tests and methods to 
        determine the benefits and costs to communities of 
        major transportation investments and projects;
            (14) the conduct of extreme weather research, 
        including research to--
                    (A) reduce contraction and expansion 
                damage;
                    (B) reduce or repair road damage caused by 
                freezing and thawing;
                    (C) improve deicing or snow removal 
                techniques;
                    (D) develop better methods to reduce the 
                risk of thermal collapse, including collapse 
                from changes in underlying permafrost;
                    (E) improve concrete and asphalt 
                installation in extreme weather conditions; and
                    (F) make other improvements to protect 
                highway infrastructure or enhance highway 
                safety or performance;
            (15) the improvement of planning processes and 
        project development through the development and 
        application of collaboration tools and strategies for 
        finding transportation solutions; and
            (16) any other surface transportation research 
        topics that the Secretary determines, in accordance 
        with the strategic planning process under section 508, 
        to be critical.
    (d) Advanced, High-Risk Research.--
            (1) In general.--The Secretary shall establish and 
        carry out, in accordance with the surface 
        transportation research and technology development 
        strategic plan developed under section 508(c) and 
        research priority areas described in subsection (c), an 
        advanced research program that addresses longer-term, 
        higher-risk research with potentially dramatic 
        breakthroughs for improving the durability, efficiency, 
        environmental impact, productivity, and safety 
        (including bicycle and pedestrian safety) aspects of 
        highway and intermodal transportation systems.
            (2) Partnerships.--In carrying out the program, the 
        Secretary shall seek to develop partnerships with the 
        public and private sectors.
            (3) Report.--The Secretary shall include in the 
        strategic plan required under section 508(c) a 
        description of each of the projects, and the amount of 
        funds expended for each project, carried out under this 
        subsection during the fiscal year.
    (e) Long-Term Pavement Performance Program.--
            (1) Authority.--The Secretary shall continue, 
        through September 30, 2009, the long-term pavement 
        performance program tests, monitoring, and data 
        analysis.
            (2) Grants, cooperative agreements, and 
        contracts.--Under the program, the Secretary shall make 
        grants and enter into cooperative agreements and 
        contracts to--
                    (A) monitor, material-test, and evaluate 
                highway test sections in existence as of the 
                date of the grant, agreement, or contract;
                    (B) analyze the data obtained in carrying 
                out subparagraph (A); and
                    (C) prepare products to fulfill program 
                objectives and meet future pavement technology 
                needs.
            (3) Conclusion of program.--
                    (A) Summary report.--The Secretary shall 
                include in the strategic plan required under 
                section 508(c) a report on the initial 
                conclusions of the long-term pavement 
                performance program that includes--
                            (i) an analysis of any research 
                        objectives that remain to be achieved 
                        under the program;
                            (ii) an analysis of other 
                        associated longer-term expenditures 
                        under the program that are in the 
                        public interest;
                            (iii) a detailed plan regarding the 
                        storage, maintenance, and user support 
                        of the database, information management 
                        system, and materials reference library 
                        of the program;
                            (iv) a schedule for continued 
                        implementation of the necessary data 
                        collection and analysis and project 
                        plan under the program; and
                            (v) an estimate of the costs of 
                        carrying out each of the activities 
                        described in clauses (i) through (iv) 
                        for each fiscal year during which the 
                        program is carried out.
                    (B) Deadline; usefulness of advances.--The 
                Secretary shall, to the maximum extent 
                practicable--
                            (i) ensure that the long-term 
                        pavement performance program is 
                        concluded not later than September 30, 
                        2009; and
                            (ii) make such allowances as are 
                        necessary to ensure the usefulness of 
                        the technological advances resulting 
                        from the program.
    (f) Seismic Research.--The Secretary shall--
            (1) in consultation and cooperation with Federal 
        agencies participating in the National Earthquake 
        Hazards Reduction Program established by section 5 of 
        the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
        7704), coordinate the conduct of seismic research; and
            (2) take such actions as are necessary to ensure 
        that the coordination of the research is consistent 
        with--
                    (A) planning and coordination activities of 
                the Director of the Federal Emergency 
                Management Agency under section 5(b)(1) of that 
                Act (42 U.S.C. 7704(b)(1)); and
                    (B) the plan developed by the Director of 
                the Federal Emergency Management Agency under 
                section 8(b) of that Act (42 U.S.C. 7705b(b)).
    (g) Infrastructure Investment Needs Report.--
            (1) In general.--Not later than July 31, 2004, and 
        July 31 of every second year thereafter, the Secretary 
        shall submit to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a 
        report that describes--
                    (A) estimates of the future highway and 
                bridge needs of the United States; and
                    (B) the backlog of current highway and 
                bridge needs.
            (2) Comparison with prior reports.--Each report 
        under paragraph (1) shall provide the means, including 
        all necessary information, to relate and compare the 
        conditions and service measures used in the previous 
        biennial reports.
    (h) Security Related Research and Technology Transfer 
Activities.--
            (1) In general.--Not later than 180 days after the 
        date of enactment of the Safe, Accountable, Flexible, 
        and Efficient Transportation Equity Act of 2003, the 
        Secretary, in consultation with the Secretary of 
        Homeland Security, with key stakeholder input 
        (including State transportation departments) shall 
        develop a 5-year strategic plan for research and 
        technology transfer and deployment activities 
        pertaining to the security aspects of highway 
        infrastructure and operations.
            (2) Components of plan.--The plan shall include--
                    (A) an identification of which agencies are 
                responsible for the conduct of various research 
                and technology transfer activities;
                    (B) a description of the manner in which 
                those activities will be coordinated; and
                    (C) a description of the process to be used 
                to ensure that the advances derived from 
                relevant activities supported by the Federal 
                Highway Administration are consistent with the 
                operational guidelines, policies, 
                recommendations, and regulations of the 
                Department of Homeland Security; and
                    (D) a systematic evaluation of the research 
                that should be conducted to address, at a 
                minimum--
                            (i) vulnerabilities of, and 
                        measures that may be taken to improve, 
                        emergency response capabilities and 
                        evacuations;
                            (ii) recommended upgrades of 
                        traffic management during crises;
                            (iii) enhanced communications among 
                        the public, the military, law 
                        enforcement, fire and emergency medical 
                        services, and transportation agencies;
                            (iv) protection of critical, 
                        security-related infrastructure; and
                            (v) structural reinforcement of key 
                        facilities.
            (3) Submission.--On completion of the plan under 
        this subsection, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate 
        and the Committee on Transportation and Infrastructure 
        of the House of Representatives--
                    (A) a copy of the plan developed under 
                paragraph (1); and
                    (B) a copy of a memorandum of understanding 
                specifying coordination strategies and 
                assignment of responsibilities covered by the 
                plan that is signed by the Secretary and the 
                Secretary of Homeland Security.

Sec. 503. Technology application program

    (a) Technology Application Initiatives and Partnerships 
Program.--
            (1) Establishment.--The Secretary, in consultation 
        with interested stakeholders, shall develop and 
        administer a national technology application 
        initiatives and partnerships program.
            (2) Purpose.--The purpose of the program shall be 
        to significantly accelerate the adoption of innovative 
        technologies by the surface transportation community.
            (3) Application goals.--
                    (A) Establishment.--Not later than 180 days 
                after the date of enactment of the Safe, 
                Accountable, Flexible, and Efficient 
                Transportation Equity Act of 2003, the 
                Secretary, in consultation with the Surface 
                Transportation Research Technology Advisory 
                Committee, State transportation departments, 
                and other interested stakeholders, shall 
                establish, as part of the surface 
                transportation research and technology 
                development strategic plan under section 
                508(c), goals to carry out paragraph (1).
                    (B) Design.--Each of the goals and the 
                program developed to achieve the goals shall be 
                designed to provide tangible benefits, with 
                respect to transportation systems, in the areas 
                of efficiency, safety, reliability, service 
                life, environmental protection, and 
                sustainability.
                    (C) Strategies for achievement.--For each 
                goal, the Secretary, in cooperation with 
                representatives of the transportation 
                community, such as States, local governments, 
                the private sector, and academia, shall use 
                domestic and international technology to 
                develop strategies and initiatives to achieve 
                the goal, including technical assistance in 
                deploying technology and mechanisms for sharing 
                information among program participants.
            (4) Integration with other programs.--The Secretary 
        shall integrate activities carried out under this 
        subsection with the efforts of the Secretary to--
                    (A) disseminate the results of research 
                sponsored by the Secretary; and
                    (B) facilitate technology transfer.
            (5) Leveraging of federal resources.--In selecting 
        projects to be carried out under this subsection, the 
        Secretary shall give preference to projects that 
        leverage Federal funds with other significant public or 
        private resources.
            (6) Grants, cooperative agreements, and 
        contracts.--Under the program, the Secretary may make 
        grants and enter into cooperative agreements and 
        contracts to foster alliances and support efforts to 
        stimulate advances in transportation technology.
            (7) Reports.--The results and progress of 
        activities carried out under this section shall be 
        published as part of the annual transportation research 
        report prepared by the Secretary under section 
        508(c)(5).
            (8) Allocation.--To the extent appropriate to 
        achieve the goals established under paragraph (3), the 
        Secretary may further allocate funds made available to 
        carry out this section to States for use by those 
        States.
    (b) Innovative Surface Transportation Infrastructure 
Research and Construction Program.--
            (1) In general.--The Secretary shall establish and 
        carry out a program for the application of innovative 
        material, design, and construction technologies in the 
        construction, preservation, and rehabilitation of 
        elements of surface transportation infrastructure.
            (2) Goals.--The goals of the program shall 
        include--
                    (A) the development of new, cost-effective, 
                and innovative materials;
                    (B) the reduction of maintenance costs and 
                life-cycle costs of elements of infrastructure, 
                including the costs of new construction, 
                replacement, and rehabilitation;
                    (C) the development of construction 
                techniques to increase safety and reduce 
                construction time and traffic congestion;
                    (D) the development of engineering design 
                criteria for innovative products and materials 
                for use in surface transportation 
                infrastructure;
                    (E) the development of highway bridges and 
                structures that will withstand natural 
                disasters and disasters caused by human 
                activity; and
                    (F) the development of new, nondestructive 
                technologies and techniques for the evaluation 
                of elements of transportation infrastructure.
            (3) Grants, cooperative agreements, and 
        contracts.--
                    (A) In general.--Under the program, the 
                Secretary shall make grants to, and enter into 
                cooperative agreements and contracts with--
                            (i) States, other Federal agencies, 
                        universities and colleges, private 
                        sector entities, and nonprofit 
                        organizations, to pay the Federal share 
                        of the cost of research, development, 
                        and technology transfer concerning 
                        innovative materials and methods; and
                            (ii) States, to pay the Federal 
                        share of the cost of repair, 
                        rehabilitation, replacement, and new 
                        construction of elements of surface 
                        transportation infrastructure that 
                        demonstrate the application of 
                        innovative materials and methods.
                    (B) Applications.--
                            (i) In general.--To receive a grant 
                        under this subsection, an entity 
                        described in subparagraph (A) shall 
                        submit to the Secretary an application 
                        in such form and containing such 
                        information as the Secretary may 
                        require.
                            (ii) Approval.--The Secretary shall 
                        select and approve an application based 
                        on whether the proposed project that is 
                        the subject of the application would 
                        meet the goals described in paragraph 
                        (2).
            (4) Technology and information transfer.--The 
        Secretary shall take such action as is necessary to--
                    (A) ensure that the information and 
                technology resulting from research conducted 
                under paragraph (3) is made available to State 
                and local transportation departments and other 
                interested parties, as specified by the 
                Secretary; and
                    (B) encourage the use of the information 
                and technology.
            (5) Federal share.--The Federal share of the cost 
        of a project under this section shall be determined by 
        the Secretary.

Sec. 504. Training and education

    (a) National Highway Institute.--
            (1) In general.--The Secretary shall--
                    (A) operate, in the Federal Highway 
                Administration, a National Highway Institute 
                (referred to in this subsection as the 
                `Institute'); and
                    (B) administer, through the Institute, the 
                authority vested in the Secretary by this title 
                or by any other law for the development and 
                conduct of education and training programs 
                relating to highways.
            (2) Duties of the institute.--In cooperation with 
        State transportation departments, industries in the 
        United States, and national or international entities, 
        the Institute shall develop and administer education 
        and training programs of instruction for--
                    (A) Federal Highway Administration, State, 
                and local transportation agency employees;
                    (B) regional, State, and metropolitan 
                planning organizations;
                    (C) State and local police, public safety, 
                and motor vehicle employees; and
                    (D) United States citizens and foreign 
                nationals engaged or to be engaged in surface 
                transportation work of interest to the United 
                States.
            (3) Courses.--
                    (A) In general.--The Institute shall--
                            (i) develop or update existing 
                        courses in asset management, including 
                        courses that include such components 
                        as--
                                    (I) the determination of 
                                life-cycle costs;
                                    (II) the valuation of 
                                assets;
                                    (III) benefit-to-cost ratio 
                                calculations; and
                                    (IV) objective 
                                decisionmaking processes for 
                                project selection; and
                            (ii) continually develop courses 
                        relating to the application of emerging 
                        technologies for--
                                    (I) transportation 
                                infrastructure applications and 
                                asset management;
                                    (II) intelligent 
                                transportation systems;
                                    (III) operations (including 
                                security operations);
                                    (IV) the collection and 
                                archiving of data;
                                    (V) expediting the planning 
                                and development of 
                                transportation projects; and
                                    (VI) the intermodal 
                                movement of individuals and 
                                freight.
                    (B) Additional courses.--In addition to the 
                courses developed under subparagraph (A), the 
                Institute, in consultation with State 
                transportation departments, metropolitan 
                planning organizations, and the American 
                Association of State Highway and Transportation 
                Officials, may develop courses relating to 
                technology, methods, techniques, engineering, 
                construction, safety, maintenance, 
                environmental mitigation and compliance, 
                regulations, management, inspection, and 
                finance.
                    (C) Revision of courses offered.--The 
                Institute shall periodically--
                            (i) review the course inventory of 
                        the Institute; and
                            (ii) revise or cease to offer 
                        courses based on course content, 
                        applicability, and need.
            (4) Eligibility; federal share.--The funds 
        apportioned to a State under section 104(b)(3) for the 
        surface transportation program shall be expended by the 
        State transportation department for the payment of not 
        to exceed 80 percent of the cost of tuition and direct 
        educational expenses (excluding salaries) in connection 
        with the education and training of employees of State 
        and local transportation agencies in accordance with 
        this subsection.
            (5) Federal responsibility.--
                    (A) In general.--Except as provided in 
                subparagraph (B), education and training of 
                employees of Federal, State, and local 
                transportation (including highway) agencies 
                authorized under this subsection may be 
                provided--
                            (i) by the Secretary, at no cost to 
                        the States and local governments, if 
                        the Secretary determines that provision 
                        at no cost is in the public interest; 
                        or
                            (ii) by the State, through grants, 
                        cooperative agreements, and contracts 
                        with public and private agencies, 
                        institutions, individuals, and the 
                        Institute.
                    (B) Payment of full cost by private 
                persons.--Private agencies, international or 
                foreign entities, and individuals shall pay the 
                full cost of any education and training 
                (including the cost of course development) 
                received by the agencies, entities, and 
                individuals, unless the Secretary determines 
                that payment of a lesser amount of the cost is 
                of critical importance to the public interest.
            (6) Training fellowships; cooperation.--The 
        Institute may--
                    (A) engage in training activities 
                authorized under this subsection, including the 
                granting of training fellowships; and
                    (B) exercise the authority of the Institute 
                independently or in cooperation with any--
                            (i) other Federal or State agency;
                            (ii) association, authority, 
                        institution, or organization;
                            (iii) for-profit or nonprofit 
                        corporation;
                            (iv) national or international 
                        entity;
                            (v) foreign country; or
                            (vi) person.
            (7) Collection of fees.--
                    (A) In general.--In accordance with this 
                subsection, the Institute may assess and 
                collect fees to defray the costs of the 
                Institute in developing or administering 
                education and training programs under this 
                subsection.
                    (B) Persons subject to fees.--Fees may be 
                assessed and collected under this subsection 
                only with respect to--
                            (i) persons and entities for whom 
                        education or training programs are 
                        developed or administered under this 
                        subsection; and
                            (ii) persons and entities to whom 
                        education or training is provided under 
                        this subsection.
                    (C) Amount of fees.--The fees assessed and 
                collected under this subsection shall be 
                established in a manner that ensures that the 
                liability of any person or entity for a fee is 
                reasonably based on the proportion of the costs 
                referred to in subparagraph (A) that relate to 
                the person or entity.
                    (D) Use.--All fees collected under this 
                subsection shall be used, without further 
                appropriation, to defray costs associated with 
                the development or administration of education 
                and training programs authorized under this 
                subsection.
            (8) Relation to fees.--The funds made available to 
        carry out this subsection may be combined with or held 
        separate from the fees collected under--
                    (A) paragraph (7);
                    (B) memoranda of understanding;
                    (C) regional compacts; and
                    (D) other similar agreements.
    (b) Local Technical Assistance Program.--
            (1) Authority.--The Secretary shall carry out a 
        local technical assistance program that will provide 
        access to surface transportation technology to--
                    (A) highway and transportation agencies in 
                urbanized areas;
                    (B) highway and transportation agencies in 
                rural areas;
                    (C) contractors that perform work for the 
                agencies; and
                    (D) infrastructure security.
            (2) Grants, cooperative agreements, and 
        contracts.--The Secretary may make grants and enter 
        into cooperative agreements and contracts to provide 
        education and training, technical assistance, and 
        related support services to--
                    (A) assist rural, local transportation 
                agencies and tribal governments, and the 
                consultants and construction personnel working 
                for the agencies and governments, to--
                            (i) develop and expand expertise in 
                        road and transportation areas 
                        (including pavement, bridge, concrete 
                        structures, intermodal connections, 
                        safety management systems, intelligent 
                        transportation systems, incident 
                        response, operations, and traffic 
                        safety countermeasures);
                            (ii) improve roads and bridges;
                            (iii) enhance--
                                    (I) programs for the 
                                movement of passengers and 
                                freight; and
                                    (II) intergovernmental 
                                transportation planning and 
                                project selection; and
                            (iv) deal effectively with special 
                        transportation-related problems by 
                        preparing and providing training 
                        packages, manuals, guidelines, and 
                        technical resource materials;
                    (B) develop technical assistance for 
                tourism and recreational travel;
                    (C) identify, package, and deliver 
                transportation technology and traffic safety 
                information to local jurisdictions to assist 
                urban transportation agencies in developing and 
                expanding their ability to deal effectively 
                with transportation-related problems 
                (particularly the promotion of regional 
                cooperation);
                    (D) operate, in cooperation with State 
                transportation departments and universities--
                            (i) local technical assistance 
                        program centers designated to provide 
                        transportation technology transfer 
                        services to rural areas and to 
                        urbanized areas; and
                            (ii) local technical assistance 
                        program centers designated to provide 
                        transportation technical assistance to 
                        tribal governments; and
                    (E) allow local transportation agencies and 
                tribal governments, in cooperation with the 
                private sector, to enhance new technology 
                implementation.
    (c) Research Fellowships.--
            (1) General authority.--The Secretary, acting 
        independently or in cooperation with other Federal 
        agencies and instrumentalities, may make grants for 
        research fellowships for any purpose for which research 
        is authorized by this chapter.
            (2) Dwight david eisenhower transportation 
        fellowship program.--The Secretary shall establish and 
        implement a transportation research fellowship program, 
        to be known as the `Dwight David Eisenhower 
        Transportation Fellowship Program', for the purpose of 
        attracting qualified students to the field of 
        transportation.

Sec. 505. State planning and research

    (a) In General.--Two percent of the sums apportioned to a 
State for fiscal year 2004 and each fiscal year thereafter 
under sections 104 (other than subsections (f) and (h)) and 144 
shall be available for expenditure by the State, in 
consultation with the Secretary, only for--
            (1) the conduct of engineering and economic surveys 
        and investigations;
            (2) the planning of--
                    (A) future highway programs and local 
                public transportation systems; and
                    (B) the financing of those programs and 
                systems, including metropolitan and statewide 
                planning under sections 134 and 135;
            (3) the development and implementation of 
        management systems under section 303;
            (4) the conduct of studies on--
                    (A) the economy, safety, and convenience of 
                surface transportation systems; and
                    (B) the desirable regulation and equitable 
                taxation of those systems;
            (5) research, development, and technology transfer 
        activities necessary in connection with the planning, 
        design, construction, management, and maintenance of 
        highway, public transportation, and intermodal 
        transportation systems;
            (6) the conduct of studies, research, and training 
        relating to the engineering standards and construction 
        materials for surface transportation systems described 
        in paragraph (5) (including the evaluation and 
        accreditation of inspection and testing and the 
        regulation of and charging for the use of the standards 
        and materials); and
            (7) the conduct of activities relating to the 
        planning of real-time monitoring elements.
    (b) Minimum Expenditures on Research, Development, and 
Technology Transfer Activities.--
            (1) In general.--Subject to paragraph (2), not less 
        than 25 percent of the funds subject to subsection (a) 
        that are apportioned to a State for a fiscal year shall 
        be expended by the State for research, development, and 
        technology transfer activities that--
                    (A) are described in subsection (a); and
                    (B) relate to highway, public 
                transportation, and intermodal transportation 
                systems.
            (2) Waivers.--The Secretary may waive the 
        application of paragraph (1) with respect to a State 
        for a fiscal year if--
                    (A) the State certifies to the Secretary 
                for the fiscal year that total expenditures by 
                the State for transportation planning under 
                sections 134 and 135 will exceed 75 percent of 
                the funds described in paragraph (1); and
                    (B) the Secretary accepts the certification 
                of the State.
            (3) Nonapplicability of assessment.--Funds expended 
        under paragraph (1) shall not be considered to be part 
        of the extramural budget of the agency for the purpose 
        of section 9 of the Small Business Act (15 U.S.C. 638).
    (c) Federal Share.--The Federal share of the cost of a 
project carried out using funds subject to subsection (a) shall 
be the share applicable under section 120(b), as adjusted under 
subsection (d) of that section.
    (d) Administration of Sums.--Funds subject to subsection 
(a) shall be--
            (1) combined and administered by the Secretary as a 
        single fund; and
            (2) available for obligation for the period 
        described in section 118(b)(2).
    (e) Eligible Use of State Planning and Research Funds.--A 
State, in coordination with the Secretary, may obligate funds 
made available to carry out this section for any purpose 
authorized under section 506(a).

Sec. 506. International highway transportation outreach program

    (a) Establishment.--The Secretary may establish an 
international highway transportation outreach program--
            (1) to inform the United States highway community 
        of technological innovations in foreign countries that 
        could significantly improve highway transportation in 
        the United States;
            (2) to promote United States highway transportation 
        expertise, goods, and services in foreign countries; 
        and
            (3) to increase transfers of United States highway 
        transportation technology to foreign countries.
    (b) Activities.--Activities carried out under the program 
may include--
            (1) the development, monitoring, assessment, and 
        dissemination in the United States of information about 
        highway transportation innovations in foreign countries 
        that could significantly improve highway transportation 
        in the United States;
            (2) research, development, demonstration, training, 
        and other forms of technology transfer and exchange;
            (3) the provision to foreign countries, through 
        participation in trade shows, seminars, expositions, 
        and other similar activities, of information relating 
        to the technical quality of United States highway 
        transportation goods and services;
            (4) the offering of technical services of the 
        Federal Highway Administration that cannot be readily 
        obtained from private sector firms in the United States 
        for incorporation into the proposals of those firms 
        undertaking highway transportation projects outside the 
        United States, if the costs of the technical services 
        will be recovered under the terms of the project;
            (5) the conduct of studies to assess the need for, 
        or feasibility of, highway transportation improvements 
        in foreign countries; and
            (6) the gathering and dissemination of information 
        on foreign transportation markets and industries.
    (c) Cooperation.--The Secretary may carry out this section 
in cooperation with any appropriate--
            (1) Federal, State, or local agency;
            (2) authority, association, institution, or 
        organization;
            (3) for-profit or nonprofit corporation;
            (4) national or international entity;
            (5) foreign country; or
            (6) person.
    (d) Funds.--
            (1) Contributions.--Funds available to carry out 
        this section shall include funds deposited by any 
        cooperating organization or person into a special 
        account of the Treasury established for this purpose.
            (2) Eligible uses of funds.--The funds deposited 
        into the account, and other funds available to carry 
        out this section, shall be available to cover the cost 
        of any activity eligible under this section, including 
        the cost of--
                    (A) promotional materials;
                    (B) travel;
                    (C) reception and representation expenses; 
                and
                    (D) salaries and benefits.
            (3) Reimbursements for salaries and benefits.--
        Reimbursements for salaries and benefits of Department 
        of Transportation employees providing services under 
        this section shall be credited to the account.
    (e) Report--For each fiscal year, the Secretary shall 
submit to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives a report that describes the 
destinations and individual trip costs of international travel 
conducted in carrying out activities described in this section.

Sec. 507. Surface transportation-environment cooperative research 
                    program

    (a) In General.--The Secretary shall establish and carry 
out a surface transportation-environment cooperative research 
program.
    (b) Contents.--The program carried out under this section 
may include research--
            (1) to develop more accurate models for evaluating 
        transportation control measures and transportation 
        system designs that are appropriate for use by State 
        and local governments (including metropolitan planning 
        organizations) in designing implementation plans to 
        meet Federal, State, and local environmental 
        requirements;
            (2) to improve understanding of the factors that 
        contribute to the demand for transportation;
            (3) to develop indicators of economic, social, and 
        environmental performance of transportation systems to 
        facilitate analysis of potential alternatives;
            (4) to meet additional priorities as determined by 
        the Secretary in the strategic planning process under 
        section 508; and
            (5) to refine, through the conduct of workshops, 
        symposia, and panels, and in consultation with 
        stakeholders (including the Department of Energy, the 
        Environmental Protection Agency, and other appropriate 
        Federal and State agencies and associations) the scope 
        and research emphases of the program.
    (c) Program Administration.--The Secretary shall--
            (1) administer the program established under this 
        section; and
            (2) ensure, to the maximum extent practicable, 
        that--
                    (A) the best projects and researchers are 
                selected to conduct research in the priority 
                areas described in subsection (b)--
                            (i) on the basis of merit of each 
                        submitted proposal; and
                            (ii) through the use of open 
                        solicitations and selection by a panel 
                        of appropriate experts;
                    (B) a qualified, permanent core staff with 
                the ability and expertise to manage a large 
                multiyear budget is used;
                    (C) the stakeholders are involved in the 
                governance of the program, at the executive, 
                overall program, and technical levels, through 
                the use of expert panels and committees; and
                    (D) there is no duplication of research 
                effort between the program established under 
                this section and the new strategic highway 
                research program established under section 509.
    (d) National Academy of Sciences.--The Secretary may make 
grants to, and enter into cooperative agreements with, the 
National Academy of Sciences to carry out such activities 
relating to the research, technology, and technology transfer 
activities described in subsections (b) and (c) as the 
Secretary determines to be appropriate.

Sec. 508. Surface transportation research technology deployment and 
                    strategic planning

    (a) Planning.--
            (1) Establishment.--The Secretary shall--
                    (A) establish, in accordance with section 
                306 of title 5, a strategic planning process 
                that--
                            (i) enhances effective 
                        implementation of this section through 
                        the establishment in accordance with 
                        paragraph (2) of the Surface 
                        Transportation Research Technology 
                        Advisory Committee; and
                            (ii) focuses on surface 
                        transportation research funded through 
                        paragraphs (1), (2), (4), and (5) of 
                        section 2001(a) of the Safe, 
                        Accountable, Flexible, and Efficient 
                        Transportation Equity Act of 2003, 
                        taking into consideration national 
                        surface transportation system needs and 
                        intermodality requirements;
                    (B) coordinate Federal surface 
                transportation research, technology 
                development, and deployment activities;
                    (C) at such intervals as are appropriate 
                and practicable, measure the results of those 
                activities and the ways in which the activities 
                affect the performance of the surface 
                transportation systems of the United States; 
                and
                    (D) ensure, to the maximum extent 
                practicable, that planning and reporting 
                activities carried out under this section are 
                coordinated with all other surface 
                transportation planning and reporting 
                requirements.
            (2) Surface transportation research technology 
        advisory committee.--
                    (A) Establishment.--Not later than 90 days 
                after the date of enactment of the Safe, 
                Accountable, Flexible, and Efficient 
                Transportation Equity Act of 2003, the 
                Secretary shall establish a committee to be 
                known as the `Surface Transportation Research 
                Technology Advisory Committee' (referred to in 
                this section as the `Committee').
                    (B) Membership.--The Committee shall be 
                composed of 12 members appointed by the 
                Secretary--
                            (i) each of which shall have 
                        expertise in a particular area relating 
                        to Federal surface transportation 
                        programs, including--
                                    (I) safety;
                                    (II) operations;
                                    (III) infrastructure 
                                (including pavements and 
                                structures);
                                    (IV) planning and 
                                environment;
                                    (V) policy; and
                                    (VI) asset management; and
                            (ii) of which--
                                    (I) 3 members shall be 
                                individuals representing the 
                                Federal Government;
                                    (II) 3 members--
                                            (aa) shall be 
                                        exceptionally qualified 
                                        to serve on the 
                                        Committee, as 
                                        determined by the 
                                        Secretary, based on 
                                        education, training, 
                                        and experience; and
                                            (bb) shall not be 
                                        officers or employees 
                                        of the United States;
                                    (III) 3 members--
                                            (aa) shall 
                                        represent the 
                                        transportation industry 
                                        (including the pavement 
                                        industry); and
                                            (bb) shall not be 
                                        officers or employees 
                                        of the United States; 
                                        and
                                    (IV) 3 members shall 
                                represent State transportation 
                                departments from 3 different 
                                geographical regions of the 
                                United States.
                    (C) Meetings.--The advisory subcommittees 
                shall meet on a regular basis, but not less 
                than twice each year.
                    (D) Duties.--The Committee shall provide to 
                the Secretary, on a continuous basis, advice 
                and guidance relating to--
                            (i) the determination of surface 
                        transportation research priorities;
                            (ii) the improvement of the 
                        research planning and implementation 
                        process;
                            (iii) the design and selection of 
                        research projects;
                            (iv) the review of research 
                        results;
                            (v) the planning and implementation 
                        of technology transfer activities and
                            (vi) the formulation of the surface 
                        transportation research and technology 
                        deployment and deployment strategic 
                        plan required under subsection (c).
                    (E) Authorization of appropriations.--There 
                is authorized to be appropriated from the 
                Highway Trust Fund (other than the Mass Transit 
                Account) to carry out this paragraph $200,000 
                for each fiscal year.
    (b) Implementation.--The Secretary shall--
            (1) provide for the integrated planning, 
        coordination, and consultation among the operating 
        administrations of the Department of Transportation, 
        all other Federal agencies with responsibility for 
        surface transportation research and technology 
        development, State and local governments, institutions 
        of higher education, industry, and other private and 
        public sector organizations engaged in surface 
        transportation-related research and development 
        activities; and
            (2) ensure that the surface transportation research 
        and technology development programs of the Department 
        do not duplicate other Federal, State, or private 
        sector research and development programs.
    (c) Surface Transportation Research and Technology 
Deployment Strategic Plan.--
            (1) In general.--After receiving, and based on, 
        extensive consultation and input from stakeholders 
        representing the transportation community and the 
        Surface Transportation Research Advisory Committee, the 
        Secretary shall, not later than 1 year after the date 
        of enactment of the Safe, Accountable, Flexible, and 
        Efficient Transportation Equity Act of 2003, complete, 
        and shall periodically update thereafter, a strategic 
        plan for each of the core surface transportation 
        research areas, including--
                    (A) safety;
                    (B) operations;
                    (C) infrastructure (including pavements and 
                structures);
                    (D) planning and environment; and
                    (E) policy.
            (2) Components.--The strategic plan shall specify--
                    (A) surface transportation research 
                objectives and priorities;
                    (B) specific highway research projects to 
                be conducted;
                    (C) recommended technology transfer 
                activities to promote the deployment of 
                advances resulting from the highway research 
                conducted; and
                    (D) short- and long-term technology 
                development and deployment activities.
            (3) Review and submission of findings.--The 
        Secretary shall enter into a contract with the 
        Transportation Research Board of the National Academy 
        of Sciences, on behalf of the Research and Technology 
        Coordinating Committee of the National Research 
        Council, under which--
                    (A) the Transportation Research Board 
                shall--
                            (i) review the research and 
                        technology planning and implementation 
                        process used by Federal Highway 
                        Administration; and
                            (ii) evaluate each of the strategic 
                        plans prepared under this subsection--
                                    (I) to ensure that 
                                sufficient stakeholder input is 
                                being solicited and considered 
                                throughout the preparation 
                                process; and
                                    (II) to offer 
                                recommendations relevant to 
                                research priorities, project 
                                selection, and deployment 
                                strategies; and
                    (B) the Secretary shall ensure that the 
                Research and Technology Coordinating Committee, 
                in a timely manner, informs the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives 
                of the findings of the review and evaluation 
                under subparagraph (A).
            (4) Responses of secretary.--Not later than 60 days 
        after the date of completion of the strategic plan 
        under this subsection, the Secretary shall submit to 
        the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives written 
        responses to each of the recommendations of the 
        Research and Technology Coordinating Committee under 
        paragraph (3)(A)(ii)(II).
    (d) Consistency With Government Performance and Results Act 
of 1993._The plans and reports developed under this section 
shall be consistent with and incorporated as part of the plans 
developed under section 306 of title 5 and sections 1115 and 
1116 of title 31.

Sec. 509. New strategic highway research program

    (a) In General.--The National Research Council shall 
establish and carry out, through fiscal year 2009, a new 
strategic highway research program.
    (b) Basis; Priorities.--With respect to the program 
established under subsection (a)--
            (1) the program shall be based on--
                    (A) National Research Council Special 
                Report No. 260, entitled `Strategic Highway 
                Research'; and
                    (B) the results of the detailed planning 
                work subsequently carried out to scope the 
                research areas through National Cooperative 
                Research Program Project 20-58.
            (2) the scope and research priorities of the 
        program shall--
                    (A) be refined through stakeholder input in 
                the form of workshops, symposia, and panels; 
                and
                    (B) include an examination of--
                            (i) the roles of highway 
                        infrastructure, drivers, and vehicles 
                        in fatalities on public roads;
                            (ii) high-risk areas and activities 
                        associated with the greatest numbers of 
                        highway fatalities;
                            (iii) the roles of various levels 
                        of government agencies and non-
                        governmental organizations in reducing 
                        highway fatalities (including 
                        recommendations for methods of 
                        strengthening highway safety 
                        partnerships);
                            (iv) measures that may save the 
                        greatest number of lives in the short- 
                        and long-term;
                            (v) renewal of aging infrastructure 
                        with minimum impact on users of 
                        facilities;
                            (vi) driving behavior and likely 
                        crash causal factors to support 
                        improved countermeasures;
                            (vii) reduction in congestion due 
                        to nonrecurring congestion;
                            (viii) planning and designing of 
                        new road capacity to meet mobility, 
                        economic, environmental, and community 
                        needs;
            (3) the program shall consider, at a minimum, the 
        results of studies relating to the implementation of 
        the Strategic Highway Safety Plan prepared by the 
        American Association of State Highway and 
        Transportation Officials; and
            (4) the research results of the program, expressed 
        in terms of technologies, methodologies, and other 
        appropriate categorizations, shall be disseminated to 
        practicing engineers as soon as practicable for their 
        use.
    (c) Program Administration.--In carrying out the program 
under this section, the National Research Council shall ensure, 
to the maximum extent practicable, that--
            (1) the best projects and researchers are selected 
        to conduct research for the program and priorities 
        described in subsection (b)--
                    (A) on the basis of the merit of each 
                submitted proposal; and
                    (B) through the use of open solicitations 
                and selection by a panel of appropriate 
                experts;
            (2) the National Research Council acquires a 
        qualified, permanent core staff with the ability and 
        expertise to manage a large research program and 
        multiyear budget;
            (3) the stakeholders are involved in the governance 
        of the program, at the executive, overall program, and 
        technical levels, through the use of expert panels and 
        committees; and
            (4) there is no duplication of research effort 
        between the program established under this section and 
        the surface transportation-environment cooperative 
        research program established under section 507 or any 
        other research effort of the Department.
    (d) National Academy of Sciences.--The Secretary may make 
grants to, and enter into cooperative agreements with, the 
National Academy of Sciences to carry out such activities 
relating to research, technology, and technology transfer 
described in subsections (b) and (c) as the Secretary 
determines to be appropriate.
    (e) Report on Implementation of Results.--
            (1) In general.--Not later than October 1, 2007, 
        the Secretary shall enter into a contract with the 
        Transportation Research Board of the National Academy 
        of Sciences under which the Transportation Research 
        Board shall complete a report on the strategies and 
        administrative structure to be used for implementation 
        of the results of new strategic highway research 
        program.
            (2) Components.--The report under paragraph (1) 
        shall include, with respect to the new strategic 
        highway research program--
                    (A) an identification of the most promising 
                results of research under the program 
                (including the persons most likely to use the 
                results);
                    (B) a discussion of potential incentives 
                for, impediments to, and methods of, 
                implementing those results;
                    (C) an estimate of costs that would be 
                incurred in expediting implementation of those 
                results; and
                    (D) recommendations for the way in which 
                implementation of the results of the program 
                under this section should be conducted, 
                coordinated, and supported in future years, 
                including a discussion of the administrative 
                structure and organization best suited to carry 
                out those responsibilities.
            (3) Consultation.--In developing the report, the 
        Transportation Research Board shall consult with a wide 
        variety of stakeholders, including--
                    (A) the American Association of State 
                highway Officials;
                    (B) the Federal Highway Administration; and
                    (C) the Surface Transportation Research 
                Technology Advisory Committee.
            (4) Submission.--Not later than February 1, 2009, 
        the Secretary shall submit to the Committee on 
        Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives the report under this 
        subsection.

Sec. 510. University transportation centers

    (a) Centers.--
            (1) In general.--During fiscal year 2004, the 
        Secretary shall provide grants to 40 nonprofit 
        institutions of higher learning (or consortia of 
        institutions of higher learning) to establish centers 
        to address transportation design, management, research, 
        development, and technology matters, especially the 
        education and training of greater numbers of 
        individuals to enter into the professional field of 
        transportation.
            (2) Distribution of centers.--Not more than 1 
        university transportation center (or lead university in 
        a consortia of institutions of higher learning), other 
        than a center or university selected through a 
        competitive process, may be located in any State.
            (3) Identification of centers.--The university 
        transportation centers established under this section 
        shall--
                    (A) comply with applicable requirements 
                under subsection (c); and
                    (B) be located at the institutions of 
                higher learning specified in paragraph (4).
            (4) Identification of groups.--For the purpose of 
        making grants under this subsection, the following 
        grants are identified:
                    (A) Group a.--Group A shall consist of the 
                10 regional centers selected under subsection 
                (b).
                    (B) Group b.--Group B shall consist of the 
                following:
                            (i) [_________].
                            (ii) [_________].
                            (iii) [_________].
                            (iv) [_________].
                            (v) [_________].
                            (vi) [_________].
                            (vii) [_________].
                            (viii) [_________]
                            (ix) [_________].
                            (x) [_________].
                            (xi) [_________].
                    (C) Group c.--Group C shall consist of the 
                following:
                            (i) [_________].
                            (ii) [_________].
                            (iii) [_________].
                            (iv) [_________].
                            (v) [_________].
                            (vi) [_________].
                            (vii) [_________].
                            (viii) [_________].
                            (ix) [_________].
                            (x) [_________].
                            (xi) [_________].
                    (D) Group d.--Group D shall consist of the 
                following:
                            (i) [_________].
                            (ii) [_________].
                            (iii) [_________].
                            (iv) [_________].
                            (v) [_________].
                            (vi) [_________].
                            (vii) [_________].
                            (viii) [_________].
    (b) Regional Centers.--
            (1) In general.--Not later than September 30, 2004, 
        the Secretary shall provide to nonprofit institutions 
        of higher learning (or consortia of institutions of 
        higher learning) grants to be used during the period of 
        fiscal years 2005 through 2009 to establish and operate 
        1 university transportation center in each of the 10 
        Federal regions that comprise the Standard Federal 
        Regional Boundary System.
            (2) Selection of regional centers.--
                    (A) Proposals.--In order to be eligible to 
                receive a grant under this subsection, an 
                institution described in paragraph (1) shall 
                submit to the Secretary a proposal, in response 
                to any request for proposals that shall be made 
                by the Secretary, that is in such form and 
                contains such information as the Secretary 
                shall prescribe.
                    (B) Request schedule.--The Secretary shall 
                request proposals once for the period of fiscal 
                years 2004 through 2006 and once for the period 
                of fiscal years 2007 through 2009.
                    (C) Eligibility.--Any institution of higher 
                learning (or consortium of institutions of 
                higher learning) that meets the criteria 
                described in subsection (c) (including any 
                institution identified in subsection (a)(4)) 
                may apply for a grant under this subsection.
                    (D) Selection criteria.--The Secretary 
                shall select each recipient of a grant under 
                this subsection through a competitive process 
                on the basis of--
                            (i) the location of the center 
                        within the Federal region to be served;
                            (ii) the demonstrated research 
                        capabilities and extension resources 
                        available to the recipient to carry out 
                        this section;
                            (iii) the capability of the 
                        recipient to provide leadership in 
                        making national and regional 
                        contributions to the solution of 
                        immediate and long-range transportation 
                        problems;
                            (iv) the demonstrated ability of 
                        the recipient to disseminate results of 
                        transportation research and education 
                        programs through a statewide or 
                        regionwide continuing education 
                        program; and
                            (v) the strategic plan that the 
                        recipient proposes to carry out using 
                        funds from the grant.
                    (E) Selection process.--In selecting the 
                recipients of grants under this subsection, the 
                Secretary shall consult with, and consider the 
                advice of--
                            (i) the Research and Special 
                        Programs Administration;
                            (ii) the Federal Highway 
                        Administration; and
                            (iii) the Federal Transit 
                        Administration.
    (c) Center Requirements.--
            (1) In general.--With respect to a university 
        transportation center established under subsection (a) 
        or (b), the institution or consortium that receives a 
        grant to establish the center--
                    (A) shall annually contribute at least 
                $250,000 to the operation and maintenance of 
                the center, except that payment by the 
                institution or consortium of the salary 
                required for transportation-related faculty and 
                staff for a period greater than 90 days may not 
                be counted against that contribution;
                    (B) shall have established, as of the date 
                of receipt of the grant, undergraduate or 
                graduate programs in--
                            (i) civil engineering;
                            (ii) transportation engineering;
                            (iii) transportation systems 
                        management and operations; or
                            (iv) any other field significantly 
                        related to surface transportation 
                        systems, as determined by the 
                        Secretary; and
                    (C) not later than 120 days after the date 
                on which the institution or consortium receives 
                notice of selection as a site for the 
                establishment of a university transportation 
                center under this section, shall submit to the 
                Secretary a 6-year program plan for the 
                university transportation center that includes, 
                with respect to the center--
                            (i) a description of the purposes 
                        of programs to be conducted by the 
                        center;
                            (ii) a description of the 
                        undergraduate and graduate 
                        transportation education efforts to be 
                        carried out by the center;
                            (iii) a description of the nature 
                        and scope of research to be conducted 
                        by the center;
                            (iv) a list of personnel, including 
                        the roles and responsibilities of those 
                        personnel within the center; and
                            (v) a detailed budget, including 
                        the amount of contributions by the 
                        institution or consortium to the 
                        center; and
                    (D) shall establish an advisory committee 
                that--
                            (i) is composed of a representative 
                        from each of the State transportation 
                        department of the State in which the 
                        institution or consortium is located, 
                        the Department of Transportation, and 
                        the institution or consortia, as 
                        appointed by those respective entities;
                            (ii) in accordance with paragraph 
                        (2), shall review and approve or 
                        disapprove the plan of the institution 
                        or consortium under subparagraph (C); 
                        and
                            (iii) shall, to the maximum extent 
                        practicable, ensure that the proposed 
                        research to be carried out by the 
                        university transportation center will 
                        contribute to the national highway 
                        research and technology agenda, as 
                        periodically updated by the Secretary, 
                        in consultation with stakeholders 
                        representing the highway community.
            (2) Peer review.--
                    (A) In general.--The Secretary shall 
                require peer review for each report on research 
                carried out using funds made available for this 
                section.
                    (B) Purposes of peer review.--Peer review 
                of a report under this section shall be carried 
                out to evaluate--
                            (i) the relevance of the research 
                        described in the report with respect to 
                        the strategic plan under, and the goals 
                        of, this section;
                            (ii) the research covered by the 
                        report, and to recommend modifications 
                        to individual project plans;
                            (iii) the results of the research 
                        before publication of those results; 
                        and
                            (iv) the overall outcomes of the 
                        research.
                    (C) Internet availability.--Each report 
                under this section that is received by the 
                Secretary shall be published--
                            (i) by the Secretary, on the 
                        Internet website of the Department of 
                        Transportation; and
                            (ii) by the University 
                        Transportation Center.
            (3) Approval of plans--A plan of an institution or 
        consortium described in paragraph (1)(C) shall not be 
        submitted to the Secretary until such time as the 
        advisory committee established under paragraph (1)(D) 
        reviews and approves the plan.
            (4) Failure to comply.--If a recipient of a grant 
        under this subsection fails to submit a program plan 
        acceptable to the Secretary and in accordance with 
        paragraph (1)(C)--
                    (A) the recipient shall forfeit the grant 
                and the selection of the recipient as a site 
                for the establishment of a university 
                transportation center; and
                    (B) the Secretary shall select a 
                replacement recipient for the forfeited grant.
            (5) Applicability.--This subsection does not apply 
        to any research funds received in accordance with a 
        competitive contract offered and entered into by the 
        Federal Highway Administration.
    (d) Objectives.--Each university transportation center 
established under subsection (a) or (b) shall carry out--
            (1) undergraduate or graduate education programs 
        that include--
                    (A) multidisciplinary coursework; and
                    (B) opportunities for students to 
                participate in research;
            (2) basic and applied research, the results and 
        products of which shall be judged by peers or other 
        experts in the field so as to advance the body of 
        knowledge in transportation; and
            (3) an ongoing program of technology transfer that 
        makes research results available to potential users in 
        such form as will enable the results to be implemented, 
        used, or otherwise applied.
    (e) Maintenance of Effort.--To be eligible to receive a 
grant under this section, an applicant shall--
            (1) enter into an agreement with the Secretary to 
        ensure that the applicant will maintain total 
        expenditures from all other sources to establish and 
        operate a university transportation center and related 
        educational and research activities at a level that is 
        at least equal to the average level of those 
        expenditures during the 2 fiscal years before the date 
        on which the grant is provided;
            (2) provide the annual institutional contribution 
        required under subsection (c)(1); and
            (3) submit to the Secretary, in a timely manner, 
        for use by the Secretary in the preparation of the 
        annual research report under section 508(c)(5) of title 
        23, an annual report on the projects and activities of 
        the university transportation center for which funds 
        are made available under section 2001 of the Safe, 
        Accountable, Flexible, and Efficient Transportation 
        Equity Act of 2003 that contains, at a minimum, for the 
        fiscal year covered by the report, a description of--
                    (A) the goals of the center;
                    (B) the educational activities carried out 
                by the center (including a detailed summary of 
                the budget for those educational activities);
                    (C) teaching activities of faculty at the 
                center;
                    (D) each research project carried out by 
                the center, including--
                            (i) the identity and location of 
                        each investigator working on a research 
                        project;
                            (ii) the overall funding amount for 
                        each research project (including the 
                        amounts expended for the project as of 
                        the date of the report);
                            (iii) the current schedule for each 
                        research project; and
                            (iv) the results of each research 
                        project through the date of submission 
                        of the report, with particular emphasis 
                        on results for the fiscal year covered 
                        by the report; and
                    (E) overall technology transfer and 
                implementation efforts of the center.
    (f) Program Coordination.--The Secretary shall--
            (1) coordinate the research, education, training, 
        and technology transfer activities carried out by 
        recipients of grants under this section; and
            (2) establish and operate a clearinghouse for, and 
        disseminate, the results of those activities.
    (g) Funding.--
            (1) Number and amount of grants.--The Secretary 
        shall make the following grants under this subsection:
                    (A) Group a.--For each of fiscal years 2004 
                through 2009, the Secretary shall make a grant 
                in the amount of $20,000,000 to each of the 
                institutions in group A (as described in 
                subsection (a)(4)(A)).
                    (B) Group b.--The Secretary shall make a 
                grant to each of the institutions in group B 
                (as described in subsection (a)(4)(B)) in the 
                amount of--
                            (i) $4,000,000 for each of fiscal 
                        years 2004 and 2005; and
                            (ii) $6,000,000 for each of fiscal 
                        years 2006 and 2007.
                    (C) Group c.--For each of fiscal years 2004 
                through 2007, the Secretary shall make a grant 
                in the amount of $10,000,000 to each of the 
                institutions in group C (as described in 
                subsection (a)(4)(C)).
                    (D) Group d.--For each of fiscal years 2004 
                through 2009, the Secretary shall make a grant 
                in the amount of $25,000,000 to each of the 
                institutions in group D (as described in 
                subsection (a)(4)(D)).
                    (E) Limited grants for groups b and c.--For 
                each of fiscal years 2008 and 2009, of the 
                institutions classified in groups B and C (as 
                described in subsection (a)(4)(B)), the 
                Secretary shall select and make a grant in the 
                amount of $10,000,000 to each of not more than 
                15 institutions.
            (2) Use of funds--
                    (A) In general.--Of the funds made 
                available for a fiscal year to a university 
                transportation center established under 
                subsection (a) or (b)--
                            (i) not less than $250,000 shall be 
                        used to establish and maintain new 
                        faculty positions for the teaching of 
                        undergraduate, transportation-related 
                        courses;
                            (ii) not more than $500,000 for the 
                        fiscal year, or $1,000,000 in the 
                        aggregate, may be used to construct or 
                        improve transportation-related 
                        laboratory facilities; and
                            (iii) not more than $300,000 for 
                        the fiscal year may be used for student 
                        internships of not more than 180 days 
                        in duration to enable students to gain 
                        experience by working on transportation 
                        projects as interns with design or 
                        construction firms.
                    (B) Facilities and administration fee.--Not 
                more than 10 percent of any grant made 
                available to a university transportation center 
                (or any institution or consortium that 
                establishes such a center) for a fiscal year 
                may be used to pay to the appropriate nonprofit 
                institution of higher learning any 
                administration and facilities fee (or any 
                similar overhead fee) for the fiscal year.
            (3) Limitation on availability of funds.--Funds 
        made available under this subsection shall remain 
        available for obligation for a period of 2 years after 
        September 30 of the fiscal year for which the funds are 
        authorized.

Sec. 511. Multistate corridor operations and management

    (a) In General.--The Secretary shall encourage multistate 
cooperative agreements, coalitions, or other arrangements to 
promote regional cooperation, planning, and shared project 
implementation for programs and projects to improve 
transportation system management and operations.
    (b) Interstate Route I-95 Corridor Coalition Transportation 
Systems Management and Operations.--
            (1) In general.--The Secretary shall make grants 
        under this subsection to States to continue intelligent 
        transportation system management and operations in the 
        Interstate Route I-95 corridor coalition region 
        initiated under the Intermodal Surface Transportation 
        Efficiency Act of 1991 (Public Law 102-240).
            (2) Funding.--Of the amounts made available under 
        section 2001(a)(4) of the Safe, Accountable, Flexible, 
        and Efficient Transportation Equity Act of 2003, the 
        Secretary shall use to carry out this subsection--
                    (A) $8,000,000 for fiscal year 2004;
                    (B) $10,000,000 for fiscal year 2005;
                    (C) $12,000,000 for fiscal year 2006;
                    (D) $12,000,000 for fiscal year 2007;
                    (E) $12,000,000 for fiscal year 2008; and
                    (F) $12,000,000 for fiscal year 2009.

           *       *       *       *       *       *       *

                              ----------                              

                      TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

           *       *       *       *       *       *       *

                             PART A--GENERAL

Chapter                                                             Sec.
      MOTOR VEHICLE SAFETY.........................................30101
      NATIONAL DRIVER REGISTER.....................................30301
      NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM..............30501

                           PART B--COMMERCIAL

      COMMERCIAL MOTOR VEHICLE SAFETY..............................31101
      COMMERCIAL MOTOR VEHICLE OPERATORS...........................31301
      MOTOR CARRIER SAFETY.........................................31501
      PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL 
        FUEL TAX AGREEMENT.........................................31701

            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS

      GENERAL......................................................32101
      CONSUMER INFORMATION.........................................32301
      BUMPER STANDARDS.............................................32501
      ODOMETERS....................................................32701
      AUTOMOBILE FUEL ECONOMY......................................32901
      THEFT PREVENTION.............................................33101

                            PART A--GENERAL

                   CHAPTER 301--MOTOR VEHICLE SAFETY

                          SUBCHAPTER I--GENERAL

Sec.
30101.  Purpose and policy.
30102.  Definitions.
30103.  Relationship to other laws.
30104.  Authorization of appropriations.
30105.  Restriction on lobbying activities.

                 SUBCHAPTER II--STANDARDS AND COMPLIANCE

30111.  Standards.
30112.  Prohibitions on manufacturing, selling, and importing 
          noncomplying motor vehicles and equipment.
30113.  General exemptions.
30114.  Special exemptions.
30115.  Certification of compliance.
30116.  Defects and noncompliance found before sale to purchaser.
30117.  Providing information to, and maintaining records on, 
          purchasers.
30118.  Notification of defects and noncompliance.
30119.  Notification procedures.
30120.  Remedies for defects and noncompliance.
30121.  Provisional notification and civil actions to enforce.
30122.  Making safety devices and elements inoperative.
30123.  Tires.
30124.  Buzzers indicating nonuse of safety belts.
30125.  Schoolbuses and schoolbus equipment.
30126.  Used motor vehicles.
30127.  Automatic occupant crash protection and seat belt use.

   SUBCHAPTER III--IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT

30141.  Importing motor vehicles capable of complying with standards.
30142.  Importing motor vehicles for personal use.
30143.  Motor vehicles imported by individuals employed outside the 
          United States.
30144.  Importing motor vehicles on a temporary basis.
30145.  Importing motor vehicles or equipment requiring further 
          manufacturing.
30146.  Release of motor vehicles and bonds.
30147.  Responsibility for defects and noncompliance.

              SUBCHAPTER IV--ENFORCEMENT AND ADMINISTRATIVE

30161.  Judicial review of standards.
30162.  Petitions by interested persons for standards and enforcement.
30163.  Actions by the Attorney General.
30164.  Service of process.
30165.  Civil penalty.
30166.  Inspections, investigations, and records.
30167.  Disclosure of information by the Secretary of Transportation.
30168.  Research, testing, development, and training.
30169.  Annual reports.
30170.  Criminal penalties.

           *       *       *       *       *       *       *

                  CHAPTER 3--GENERAL DUTIES AND POWERS

         SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION

Sec.
301. Leadership, consultation, and cooperation.
302. Policy standards for transportation.
303. Policy on lands, wildlife and waterfowl refuges, and historic 
          sites.
303a. Development of water transportation.
304. Joint activities with the Secretary of Housing and Urban 
          Development.
305. Transportation investment standards and criteria.
306. Prohibited discrimination.
[307. Safety information and intervention in Interstate Commerce 
          Commission proceedings.]
307. Contractor suspension and debarment policy; sharing fraud monetary 
          recoveries.
308. Reports.
309. High-speed ground transportation.

                      SUBCHAPTER II--ADMINISTRATIVE

321. Definitions.
322. General powers.
323. Personnel.
324. Members of the armed forces.
325. Advisory committees.
326. Gifts.
327. Administrative working capital fund.
328. Transportation Systems Center working capital fund.
329. Transportation information.
330. Research contracts.
331. Service, supplies, and facilities at remote places.
332. Minority Resource Center.
333. Responsibility for rail transportation unification and coordination 
          projects.
334. [Repealed]
335. [Repealed]
336. Civil penalty procedures.
337. Budget request for the Director of Intelligence and Security.

                      SUBCHAPTER III--MISCELLANEOUS

351. Judicial review of actions in carrying out certain transferred 
          duties and powers.
352. Authority to carry out certain transferred duties and powers.
353. Toxicological testing of officers and employees.

           *       *       *       *       *       *       *

Sec. 31111. Length limitations

    (a) Definitions.--In this section, the following 
definitions apply:

           *       *       *       *       *       *       *

    (e) Qualifying Highways.--[The]
            (1) In general.--The Secretary by regulation shall 
        designate as qualifying Federal-aid Primary System 
        highways those highways of the Federal-aid Primary 
        System in existence on June 1, 1991, that can 
        accommodate safely the applicable vehicle lengths 
        provided in this section.
            (2) Length limitations.--In the interests of 
        economic competitiveness, security, and intermodal 
        connectivity, not later than 3 years after the date of 
        enactment of this paragraph, States shall update the 
        list of Federal-aid system highways to include--
                    (A) strategic highway network connectors to 
                strategic military deployment ports; and
                    (B) National Highway System intermodal 
                freight connections serving military and 
                commercial truck traffic going to major 
                intermodal terminals as described in section 
                103(b)(7)(A)(i).

           *       *       *       *       *       *       *

    [Section 31708--repealed by P.L. 105-178]

Sec. 31708. Facilitation of international registration plans and 
                    international fuel tax agreements

    The Secretary may provide assistance to any State that is 
participating in the International Registration Plan and 
International Fuel Tax Agreement, as provided in sections 31704 
and 31705, respectively, and that serves as a base jurisdiction 
for motor carriers that are domiciled in Mexico, to assist the 
State with administrative costs resulting from serving as a 
base jurisdiction for motor carriers from Mexico.

           *       *       *       *       *       *       *

             SUBCHAPTER III_INTERMODAL PASSENGER FACILITIES

                                      Sec.
                                      5571. Policy and Purposes.
                                      5572. Definitions.
                                      5573. Assurance of access to 
                                      intermodal facilities.
                                      5574. Intercity bus intermodal 
                                      facility grants.
                                      5575. Funding.

           *       *       *       *       *       *       *

             SUBCHAPTER III_INTERMODAL PASSENGER FACILITIES

Sec. 5571. Policy and purposes

    (a) Development and Enhancement of Intermodal Passenger 
Facilities.--It is in the economic interest of the United 
States to improve the efficiency of public surface 
transportation modes by ensuring their connection with and 
access to intermodal passenger terminals, thereby streamlining 
the transfer of passengers among modes, enhancing travel 
options, and increasing passenger transportation operating 
efficiencies.
    (b) General Purposes.--The purposes of this subchapter are 
to accelerate intermodal integration among North America's 
passenger transportation modes through--
            (1) ensuring intercity public transportation access 
        to intermodal passenger facilities;
            (2) encouraging the development of an integrated 
        system of public transportation information; and
            (3) providing intercity bus intermodal passenger 
        facility grants.

Sec. 5572. Definitions

In this subchapter--
            (1) `capital project' means a project for--
                    (A) acquiring, constructing, improving, or 
                renovating an intermodal facility that is 
                related physically and functionally to 
                intercity bus service and establishes or 
                enhances coordination between intercity bus 
                service and transportation, including aviation, 
                commuter rail, intercity rail, public 
                transportation, seaports, and the National 
                Highway System, such as physical infrastructure 
                associated with private bus operations at 
                existing and new intermodal facilities, 
                including special lanes, curb cuts, ticket 
                kiosks and counters, baggage and package 
                express storage, employee parking, office 
                space, security, and signage; and
                    (B) establishing or enhancing coordination 
                between intercity bus service and 
                transportation, including aviation, commuter 
                rail, intercity rail, public transportation, 
                and the National Highway System through an 
                integrated system of public transportation 
                information.
            (2) `commuter service' means service designed 
        primarily to provide daily work trips within the local 
        commuting area.
            (3) `intercity bus service' means regularly 
        scheduled bus service for the general public which 
        operates with limited stops over fixed routes 
        connecting two or more urban areas not in close 
        proximity, which has the capacity for transporting 
        baggage carried by passengers, and which makes 
        meaningful connections with scheduled intercity bus 
        service to more distant points, if such service is 
        available and may include package express service, if 
        incidental to passenger transportation, but does not 
        include air, commuter, water or rail service.
            (4) `intermodal passenger facility' means passenger 
        terminal that does, or can be modified to, accommodate 
        several modes of transportation and related facilities, 
        including some or all of the following: intercity rail, 
        intercity bus, commuter rail, intracity rail transit 
        and bus transportation, airport limousine service and 
        airline ticket offices, rent-a-car facilities, taxis, 
        private parking, and other transportation services.
            (5) `local governmental authority' includes--
                    (A) a political subdivision of a State;
                    (B) an authority of at least one State or 
                political subdivision of a State;
                    (C) an Indian tribe; and
                    (D) a public corporation, board, or 
                commission established under the laws of the 
                State.
            (6) `owner or operator of a public transportation 
        facility' means an owner or operator of intercity-rail, 
        intercity-bus, commuter-rail, commuter-bus, rail-
        transit, bus-transit, or ferry services.
            (7) `recipient' means a State or local governmental 
        authority or a nonprofit organization that receives a 
        grant to carry out this section directly from the 
        Federal government.
            (8) `Secretary' means the Secretary of 
        Transportation.
            (9) `State' means a State of the United States, the 
        District of Columbia, Puerto Rico, the Northern Mariana 
        Islands, Guam, American Samoa, and the Virgin Islands.
            (10) `urban area' means an area that includes a 
        municipality or other built-up place that the 
        Secretary, after considering local patterns and trends 
        of urban growth, decides is appropriate for a local 
        public transportation system to serve individuals in 
        the locality.

Sec. 5573. Assurance of access to intermodal passenger facilities

    Intercity buses and other modes of transportation shall, to 
the maximum extent practicable, have access to publicly funded 
intermodal passenger facilities, including those passenger 
facilities seeking funding under section 5574.

Sec. 5574. Intercity bus intermodal passenger facility grants

    (a) General Authority.--The Secretary of Transportation may 
make grants under this section to recipients in financing a 
capital project, as defined in section 5572 of this chapter, 
only if the Secretary finds that the proposed project is 
justified and has adequate financial commitment.
    (b) Competitive Grant Selection.--The Secretary shall 
conduct a national solicitation for applications for grants 
under this section. Grantees shall be selected on a competitive 
basis.
    (c) Share of Net Project Costs.--A grant shall not exceed 
50 percent of the net project cost, as determined by the 
Secretary.
    (d) Regulations.--The Secretary may promulgate such 
regulations as are necessary to carry out this section.

Sec. 5575. Funding

    (a) Highway Account.--
            (1) There is authorized to be appropriated from the 
        Highway Trust Fund (other than the Mass Transit 
        Account) to carry out this subchapter $10,000,000 for 
        each of fiscal years 2005 through 2009.
            (2) The funding made available under paragraph (1) 
        of this subsection shall be available for obligation in 
        the same manner as if such funds were apportioned under 
        chapter 1 of title 23 and shall be subject to any 
        obligation limitation imposed on funds for Federal-aid 
        highways and highway safety construction programs.
    (b) Period of Availability.--Amounts made available by 
subsection (a) of this section shall remain available until 
expended.

           *       *       *       *       *       *       *

                              ----------                              

        INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991

                [Public Law 102-240; December 18, 1991]

AN ACT To develop a national intermodal surface transportation system, 
  to authorize funds for construction of highways, for highway safety 
    programs, and for mass transit programs, and for other purposes.

           *       *       *       *       *       *       *
Sec. 1. Short title.

           *       *       *       *       *       *       *

[Sec. 1064. Construction of ferry boats and ferry terminal facilities.]
Sec. 1064. [Repealed.]

           *       *       *       *       *       *       *

SEC. 1023. GROSS VEHICLE WEIGHT RESTRICTION.

    (a) * * *

           *       *       *       *       *       *       *

    [(h) Public Transit Vehicles.--
            [(1) Temporary exemption.--The second sentence of 
        section 127 of title 23, United States Code, relating 
        to axle weight limitations for vehicles using the 
        Dwight D. Eisenhower System of Interstate and Defense 
        Highways, shall not apply, for the period beginning on 
        October 6, 1992, and ending on October 1, 2003, to any 
        vehicle which is regularly and exclusively used as an 
        intrastate public agency transit passenger bus.
            [(2) Study.--The Secretary shall conduct a study on 
        the maximum axle weight limitations on the Dwight D. 
        Eisenhower System of Interstate and Defense Highways 
        established under section 127 of title 23, United 
        States Code, or under State laws, as they apply to 
        public transit vehicles. The study shall determine 
        whether or not public transit vehicles should be 
        exempted from the requirements of section 127 or State 
        laws or if such laws should be modified with regard to 
        public transit vehicles. In making such determination, 
        the Secretary shall consider current transit vehicle 
        design standards, the implications of the Americans 
        with Disabilities Act and Clean Air Act requirements on 
        such design standards, and the potential impact of 
        revised design standards on transit ridership capacity, 
        operating and replacement costs, air quality concerns, 
        and highway wear and tear.
            [(3) Report.--Not later than 18 months after the 
        date of enactment of this Act, the Secretary shall 
        submit to the Congress a report on the result of the 
        study conducted under paragraph (2), together with 
        recommendations.]
    (h) Over-the-Road Bus and Public Transit Vehicle 
Exemption.--
            (1) In general.--The second sentence of section 127 
        of title 23, United States Code (relating to axle 
        weight limitations for vehicles using the Dwight D. 
        Eisenhower System of Interstate and Defense Highways), 
        shall not apply to--
                    (A) any over-the-road bus (as defined in 
                section 301 of the Americans With Disabilities 
                Act of 1990 (42 U.S.C. 12181)); or
                    (B) any vehicle that is regularly and 
                exclusively used as an intrastate public agency 
                transit passenger bus.
            (2) State action.--No State or political 
        subdivision of a State, or any political authority of 2 
        or more States, shall impose any axle weight limitation 
        on any vehicle described in paragraph (1) in any case 
        in which such a vehicle is using the Dwight D. 
        Eisenhower System of Interstate and Defense Highways.

           *       *       *       *       *       *       *

[SEC. 1064. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

    [(a) In General.--The Secretary shall carry out a program 
for construction of ferry boats and ferry terminal facilities 
in accordance with section 129(c) of title 23, United States 
Code.
    [(b) Federal Share.--The Federal share payable for 
construction of ferry boats and ferry terminal facilities under 
this section shall be 80 percent of the cost thereof.
    [(c) Funding.--There shall be available, out of the Highway 
Trust Fund (other than the Mass Transit Account), to the 
Secretary for obligation at the discretion of the Secretary 
$14,000,000 for fiscal year 1992, $17,000,000 per fiscal year 
for each of fiscal years 1993, 1994, 1995, and 1996, and 
$18,000,000 for fiscal year 1997 in carrying out this section. 
Sums made available to carry out this section shall remain 
available until expended.
    [(d) Set-Aside for Projects on NHS.--
            [(1) In general.--$20,000,000 of the amount made 
        available to carry out this section for each of fiscal 
        years 1999 through 2003 shall be obligated for the 
        construction or refurbishment of ferry boats and ferry 
        terminal facilities and approaches to such facilities 
        within marine highway systems that are part of the 
        National Highway System.
            [(2) Alaska.--$10,000,000 of the $20,000,000 for a 
        fiscal year made available under paragraph (1) shall be 
        made available to the State of Alaska.
            [(3) New jersey.--$5,000,000 of the $20,000,000 for 
        a fiscal year made available under paragraph (1) shall 
        be made available to the State of New Jersey.
            [(4) Washington.--$5,000,000 of the $20,000,000 for 
        a fiscal year made available under paragraph (1) shall 
        be made available to the State of Washington.
    [(e) Applicability of Title 23.--All provisions of chapter 
1 of title 23, United States Code, that are applicable to the 
National Highway System, other than provisions relating to 
apportionment formula and Federal share, shall apply to funds 
made available to carry out this section, except as determined 
by the Secretary to be inconsistent with this section.
    [(f) Treatment of Certain Roads.--For purposes of this 
section, North Carolina State Routes 12, 45, 306, 615, and 168 
and United States Route 421 in the State of North Carolina 
shall be treated as principal arterials. For further purposes 
of this section, the access road from Interstate Business Route 
75 to the Sugar Island Ferry Service in Chippewa County, 
Michigan, and the access road from United States Route 31 to 
the Beaver Island Ferry Service in Charlevoix County, Michigan, 
shall be treated as principal arterials.]

           *       *       *       *       *       *       *

           *       *       *       *       *       *       *

    [(b) Value Pricing Pilot Program.--(1) The Secretary shall 
solicit the participation of State and local governments and 
public authorities for one or more value pricing pilot 
programs. The Secretary may enter into cooperative agreements 
with as many as 15 such State or local governments or public 
authorities to establish, maintain, and monitor value pricing 
programs.
    [(2) Notwithstanding section 129 of title 23, United States 
Code, the Federal share payable for such programs shall be 80 
percent. The Secretary shall fund all preimplementation costs 
and project design, and all of the development and other start 
up costs of such projects, including salaries and expenses, for 
a period of at least 1 year, and thereafter until such time 
that sufficient revenues are being generated by the program to 
fund its operating costs without Federal participation, except 
that the Secretary may not fund the preimplementation or 
implementation costs of any project for more than 3 years.
    [(3) Revenues generated by any pilot project under this 
subsection must be applied to projects eligible under such 
title.
    [(4) Notwithstanding sections 129 and 301 of title 23, 
United States Code, the Secretary shall allow the use of tolls 
on the Interstate System as part of any value pricing pilot 
program under this subsection.
    [(5) The Secretary shall monitor the effect of such 
programs for a period of at least 10 years, and shall report to 
the Committee on Environment and Public Works of the Senate and 
the Committee on Transportation and Infrastructure of the House 
of Representatives every 2 years on the effects such programs 
are having on driver behavior, traffic volume, transit 
ridership, air quality, and availability of funds for 
transportation programs.
            [(6) HOV passenger requirements.--Notwithstanding 
        section 102(a) of title 23, United States Code, a State 
        may permit vehicles with fewer than 2 occupants to 
        operate in high occupancy vehicle lanes if the vehicles 
        are part of a value pricing pilot program under this 
        subsection.
            [(7) Financial effects on low-income drivers.--Any 
        value pricing pilot program under this subsection shall 
        include, if appropriate, an analysis of the potential 
        effects of the pilot program on low-income drivers and 
        may include mitigation measures to deal with any 
        potential adverse financial effects on low-income 
        drivers.
            [(8) Funding.--
                    [(A) Availability.--Funds allocated by the 
                Secretary to a State under this subsection 
                shall remain available for obligation by the 
                State for a period of 3 years after the last 
                day of the fiscal year for which the funds are 
                authorized.
                    [(B) Use of unallocated funds.--If the 
                total amount of funds made available from the 
                Highway Trust Fund to carry out this subsection 
                for fiscal year 1998 and fiscal years 
                thereafter but not allocated exceeds $8,000,000 
                as of September 30 of any year, the excess 
                amount--
                            [(i) shall be apportioned in the 
                        following fiscal year by the Secretary 
                        to all States in accordance with 
                        section 104(b)(3) of title 23, United 
                        States Code;
                            [(ii) shall be considered to be a 
                        sum made available for expenditure on 
                        the surface transportation program, 
                        except that the amount shall not be 
                        subject to section 133(d) of such 
                        title; and
                            [(iii) shall be available for any 
                        purpose eligible for funding under 
                        section 133 of such title.
                    [(C) Contract authority.--Funds authorized 
                to carry out this subsection shall be available 
                for obligation in the same manner as if the 
                funds were apportioned under chapter 1 of title 
                23, United States Code; except that the Federal 
                share of the cost of any project under this 
                subsection and the availability of funds 
                authorized to carry out this subsection shall 
                be determined in accordance with this 
                subsection.]

           *       *       *       *       *       *       *

                              ----------                              

            NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995

[Public Law 104-59; Approved November 28, 1995]

           *       *       *       *       *       *       *

   AN ACT To amend title 23, United States Code, to provide for the 
designation of the National Highway System, and for other purposes.

           *       *       *       *       *       *       *

SEC. 358. SAFETY RESEARCH INITIATIVES.

    (a) Older Drivers and Other Special Driver Groups.--
            (1) * * *

           *       *       *       *       *       *       *

            (7) Recommending all federally-assisted projects in 
        excess of $15,000,000 to enter into contracts only with 
        work zone safety services contractors, traffic control 
        contractors, and trench safety and shoring contractors 
        that carry general liability insurance in an amount not 
        less than $15,000,000.
            (8) Recommending federally-assisted projects the 
        costs of which exceed $15,000,000 to include work zone 
        intelligent transportation systems that are--
                    (A) provided by a qualified vendor; and
                    (B) monitored continuously.
            (9) Recommending federally-assisted projects to 
        fully fund not less than 5 percent of project costs for 
        work zone safety and temporary traffic control 
        measures, in addition to the cost of the project, which 
        measures shall be provided by a qualified work zone 
        safety or traffic control provider.
                              ----------                              

             TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY

[Public Law 105-178]

           *       *       *       *       *       *       *

  AN ACT To authorize funds for Federal-aid highways, highway safety 
        programs, and transit programs, and for other purposes.

           *       *       *       *       *       *       *
SEC. 1309. ENVIRONMENTAL STREAMLINING.

    [(a) Coordinated Environmental Review Process.--
            [(1) Development and implementation.--The Secretary 
        shall develop and implement a coordinated environmental 
        review process for highway construction and mass 
        transit projects that require--
                    [(A) the preparation of an environmental 
                impact statement or environmental assessment 
                under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.), except that the 
                Secretary may decide not to apply this section 
                to the preparation of an environmental 
                assessment under such Act; or
                    [(B) the conduct of any other environmental 
                review, analysis, opinion, or issuance of an 
                environmental permit, license, or approval by 
                operation of Federal law.
            [(2) Memorandum of understanding.--
                    [(A) In general.--The coordinated 
                environmental review process for each project 
                shall ensure that, whenever practicable (as 
                specified in this section), all environmental 
                reviews, analyses, opinions, and any permits, 
                licenses, or approvals that must be issued or 
                made by any Federal agency for the project 
                concerned shall be conducted concurrently and 
                completed within a cooperatively determined 
                time period. Such process for a project or 
                class of project may be incorporated into a 
                memorandum of understanding between the 
                Department of Transportation and Federal 
                agencies (and, where appropriate, State 
                agencies).
                    [(B) Establishment of time periods.--In 
                establishing the time period referred to in 
                subparagraph (A), and any time periods for 
                review within such period, the Department and 
                all such agencies shall take into account their 
                respective resources and statutory commitments.
    [(b) Elements of Coordinated Environmental Review 
Process.--For each project, the coordinated environmental 
review process established under this section shall provide, at 
a minimum, for the following elements:
            [(1) Federal agency identification.--The Secretary 
        shall, at the earliest possible time, identify all 
        potential Federal agencies that--
                    [(A) have jurisdiction by law over 
                environmental-related issues that may be 
                affected by the project and the analysis of 
                which would be part of any environmental 
                document required by the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
                    [(B) may be required by Federal law to 
                independently--
                            [(i) conduct an environmental-
                        related review or analysis; or
                            [(ii) determine whether to issue a 
                        permit, license, or approval or render 
                        an opinion on the environmental impact 
                        of the project.
            [(2) Time limitations and concurrent review.--The 
        Secretary and the head of each Federal agency 
        identified under paragraph (1)--
                    [(A)(i) shall jointly develop and establish 
                time periods for review for--
                            [(I) all Federal agency comments 
                        with respect to any environmental 
                        review documents required by the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.) for the 
                        project; and
                            [(II) all other independent Federal 
                        agency environmental analyses, reviews, 
                        opinions, and decisions on any permits, 
                        licenses, and approvals that must be 
                        issued or made for the project;
                [whereby each such Federal agency's review 
                shall be undertaken and completed within such 
                established time periods for review; or
                    [(ii) may enter into an agreement to 
                establish such time periods for review with 
                respect to a class of project; and
                    [(B) shall ensure, in establishing such 
                time periods for review, that the conduct of 
                any such analysis, review, opinion, and 
                decision is undertaken concurrently with all 
                other environmental reviews for the project, 
                including the reviews required by the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.); except that such review may not 
                be concurrent if the affected Federal agency 
                can demonstrate that such concurrent review 
                would result in a significant adverse impact to 
                the environment or substantively alter the 
                operation of Federal law or would not be 
                possible without information developed as part 
                of the environmental review process.
            [(3) Factors to be considered.--Time periods for 
        review established under this section shall be 
        consistent with the time periods established by the 
        Council on Environmental Quality under sections 1501.8 
        and 1506.10 of title 40, Code of Federal Regulations.
            [(4) Extensions.--The Secretary shall extend any 
        time periods for review under this section if, upon 
        good cause shown, the Secretary and any Federal agency 
        concerned determine that additional time for analysis 
        and review is needed as a result of new information 
        that has been discovered that could not reasonably have 
        been anticipated when the Federal agency's time periods 
        for review were established. Any memorandum of 
        understanding shall be modified to incorporate any 
        mutually agreed-upon extensions.
    [(c) Dispute Resolution.--When the Secretary determines 
that a Federal agency which is subject to a time period for its 
environmental review or analysis under this section has failed 
to complete such review, analysis, opinion, or decision on 
issuing any permit, license, or approval within the established 
time period or within any agreed-upon extension to such time 
period, the Secretary may, after notice and consultation with 
such agency, close the record on the matter before the 
Secretary. If the Secretary finds, after timely compliance with 
this section, that an environmental issue related to the 
project that an affected Federal agency has jurisdiction over 
by operation of Federal law has not been resolved, the 
Secretary and the head of the Federal agency shall resolve the 
matter not later than 30 days after the date of the finding by 
the Secretary.
    [(d) Participation of State Agencies.--For any project 
eligible for assistance under chapter 1 of title 23, United 
States Code, or chapter 53 of title 49, United States Code, a 
State, by operation of State law, may require that all State 
agencies that have jurisdiction by State or Federal law over 
environmental-related issues that may be affected by the 
project, or that are required to issue any environmental-
related reviews, analyses, opinions, or determinations on 
issuing any permits, licenses, or approvals for the project, be 
subject to the coordinated environmental review process 
established under this section unless the Secretary determines 
that a State's participation would not be in the public 
interest. For a State to require State agencies to participate 
in the review process, all affected agencies of the State shall 
be subject to the review process.
    [(e) Assistance to Affected Federal Agencies.--
            [(1) In general.--The Secretary may approve a 
        request by a State or recipient to provide funds for a 
        highway project made available under chapter 1 of title 
        23, United States Code, or for a mass transit project 
        made available under chapter 53 of title 49, United 
        States Code, to the State for the project subject to 
        the coordinated environmental review process 
        established under this section to affected Federal 
        agencies to provide the resources necessary to meet any 
        time limits established under this section.
            [(2) Amounts.--Such requests under paragraph (1) 
        shall be approved only--
                    [(A) for the additional amounts that the 
                Secretary determines are necessary for the 
                affected Federal agencies to meet the time 
                limits for environmental review; and
                    [(B) if such time limits are less than the 
                customary time necessary for such review.]
    [(g)] (a) [Federal Agency Defined] Definition of Federal 
Agency.--In this section, the term ``Federal agency'' means any 
Federal agency or any State agency carrying out affected 
responsibilities required by operation of Federal law.
    [(f)] (b) Judicial Review and Savings Clause.--
            (1) Judicial review.--Nothing in this section shall 
        affect the reviewability of any final Federal agency 
        action in a district court of the United States or in 
        the court of any State.
            (2) Savings clause.--Nothing in this section shall 
        affect the applicability of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any 
        other Federal environmental statute or affect the 
        responsibility of any Federal officer to comply with or 
        enforce any such statute.

           *       *       *       *       *       *       *

SEC. 1511. STATE INFRASTRUCTURE BANK PILOT PROGRAM.

    (a) Definitions.-- * * *

           *       *       *       *       *       *       *

    (b) Cooperative agreements.--
    (1) In general.--
            (A) Purpose of agreements.--Subject to this 
        section, the Secretary may enter into cooperative 
        agreements with the States of California, Florida, 
        [Missouri, and Rhode Island for the establishment] 
        Missouri, Rhode Island, Texas, and any other State that 
        seeks such an agreement for the establishment of State 
        infrastructure banks and multistate infrastructure 
        banks for making loans and providing other assistance 
        to public and private entities carrying out or 
        proposing to carry out projects eligible for assistance 
        under this section.

           *       *       *       *       *       *       *

SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.

    (a) * * *

           *       *       *       *       *       *       *

    [(b)](d) Interstate System Reconstruction and 
Rehabilitation Pilot Program.--\1\
---------------------------------------------------------------------------
     \1\Entire subparagraph moved to section 129(d) of title 23, United 
States Code.
---------------------------------------------------------------------------
            (1) Establishment.--[The Secretary] Notwithstanding 
        section 301, the Secretary shall establish and 
        implement an Interstate System reconstruction and 
        rehabilitation pilot program under which the Secretary, 
        notwithstanding sections 129 and 301 [of title 23, 
        United States Code], may permit a State to collect 
        tolls on a highway, bridge, or tunnel on the Interstate 
        System for the purpose of reconstructing and 
        rehabilitating Interstate highway corridors [that could 
        not otherwise be adequately maintained or functionally 
        improved without the collection of tolls].
            (2) Limitation on number of facilities.--The 
        Secretary may permit the collection of tolls under this 
        subsection on 3 facilities on the Interstate System. 
        Each of such facilities shall be located in a different 
        State.
            (3) Eligibility.--To be eligible to participate in 
        the pilot program, a State shall submit to the 
        Secretary an application that contains, at a minimum, 
        the following:
                    (A) An identification of the facility on 
                the Interstate System proposed to be a toll 
                facility, including the age, condition, and 
                intensity of use of the facility.
                    (B) In the case of a facility that affects 
                a metropolitan area, an assurance that the 
                metropolitan planning organization established 
                under section 134 [of title 23, United States 
                Code], for the area has been consulted 
                concerning the placement and amount of tolls on 
                the facility.
                    [(C) An analysis demonstrating that the 
                facility could not be maintained or improved to 
                meet current or future needs from the State's 
                apportionments and allocations made available 
                by this Act (including amendments made by this 
                Act) and from revenues for highways from any 
                other source without toll revenues.]
                    (C) An analysis demonstrating that 
                financing the reconstruction or rehabilitation 
                of the facility with the collection of tolls 
                under this pilot program is the most efficient, 
                economical, or expeditious way to advance the 
                project.
                    (D) A facility management plan that 
                includes--
                            (i) a plan for implementing the 
                        imposition of tolls on the facility;
                            (ii) a schedule and finance plan 
                        for the reconstruction or 
                        rehabilitation of the facility using 
                        toll revenues;
                            (iii) a description of the public 
                        transportation agency that will be 
                        responsible for implementation and 
                        administration of the pilot program;
                            (iv) a description of whether 
                        consideration will be given to 
                        privatizing the maintenance and 
                        operational aspects of the facility, 
                        while retaining legal and 
                        administrative control of the portion 
                        of the Interstate route; and
                            (v) such other information as the 
                        Secretary may require.
            (4) Selection criteria.--The Secretary may approve 
        the application of a State under paragraph (3) only if 
        the Secretary determines that--
                    [(A) the State is unable to reconstruct or 
                rehabilitate the proposed toll facility using 
                existing apportionments;]
                    (A) the State's analysis showing that 
                financing the reconstruction or rehabilitation 
                of a facility with the collection of tolls 
                under the pilot program is the most efficient, 
                economical, or expeditious way to advance the 
                project;
                    [(B) the facility has a sufficient 
                intensity of use, age, or condition to warrant 
                the collection of tolls;]
                    (B) the facility needs reconstruction or 
                rehabilitation, including major work that may 
                require replacing sections of the existing 
                facility on new alignment;
                    [(C) the State plan for implementing tolls 
                on the facility takes into account the 
                interests of local, regional, and interstate 
                travelers;]
                    [(D)] (C) the State plan for reconstruction 
                or rehabilitation of the facility using toll 
                revenues is reasonable; and
                    [(E)] (D) the State has given preference to 
                the use of a public toll agency with 
                demonstrated capability to build, operate, and 
                maintain a toll expressway system meeting 
                criteria for the Interstate System.
            (5) Limitations on use of revenues; audits.--Before 
        the Secretary may permit a State to participate in the 
        pilot program, the State must enter into an agreement 
        with the Secretary that provides that--
                    (A) all toll revenues received from 
                operation of the toll facility will be used 
                only for--
                            (i) debt service;
                            (ii) reasonable return on 
                        investment of any private person 
                        financing the project; and
                            (iii) any costs necessary for the 
                        improvement of and the proper operation 
                        and maintenance of the toll facility, 
                        including reconstruction, resurfacing, 
                        restoration, and rehabilitation of the 
                        toll facility; and
                    (B) regular audits will be conducted to 
                ensure compliance with subparagraph (A) and the 
                results of such audits will be transmitted to 
                the Secretary.
            (6) Limitation on use of interstate maintenance 
        funds.--During the term of the pilot program, funds 
        apportioned for Interstate maintenance under section 
        104(b)(4) [of title 23, United States Code], may not be 
        used on a facility for which tolls are being collected 
        under the program.
            (7) Program term.--The Secretary shall conduct the 
        pilot program under this subsection for a term to be 
        determined by the Secretary, but not less than 10 
        years.
            (8) Interstate system defined.--In this subsection, 
        the term ``Interstate System'' has the meaning such 
        term has under section 101 [of title 23, United States 
        Code].

           *       *       *       *       *       *       *

SEC. 6102. PARTICULATE MATTER MONITORING PROGRAM.

    (a) * * *

           *       *       *       *       *       *       *

    [(e) The Administrator shall conduct a field study of the 
ability of the PM2.5 Federal Reference Method to 
differentiate those particles that are larger than 2.5 
micrograms in diameter. This study shall be completed and 
provided to the Committee on Commerce of the House of 
Representatives and the Committee on Environment and Public 
Works of the United States Senate no later than 2 years from 
the date of enactment of this Act.]
    (e) Field study.--Not later than 2 years after the date of 
enactment of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003, the Administrator shall--
            (1) conduct a field study of the ability of the 
        PM2.5 Federal Reference Method to 
        differentiate those particles that are larger than 2.5 
        micrometers in diameter;
            (2) develop a Federal reference method to measure 
        directly particles that are larger than 2.5 micrometers 
        in diameter without reliance on subtracting from coarse 
        particle measurements those particles that are equal to 
        or smaller than 2.5 micrometers in diameter;
            (3) develop a method of measuring the composition 
        of coarse particles; and
            (4) submit a report on the study and 
        responsibilities of the Administrator under paragraphs 
        (1) through (3) to--
                    (A) the Committee on Commerce of the House 
                of Representatives; and
                    (B) the Committee on Environment and Public 
                Works of the Senate.

           *       *       *       *       *       *       *

                              ----------                              

                           THE CLEAN AIR ACT

TITLE I--AIR POLLUTION PREVENTION AND CONTROL

           *       *       *       *       *       *       *

Part D--Plan Requirements for Nonattainment Areas

           *       *       *       *       *       *       *

      Sec. 101. (a) The Congress finds-- * * *

           *       *       *       *       *       *       *

               limitations on certain federal assistance

      Sec. 176. [Subsections (a) and (b), repealed by Public 
Law 101-549, sec. 110(4), 104 Stat. 2470.]
      (c)(1) No department, agency, or instrumentality of the 
Federal Government shall engage in, support in any way or 
provide financial assistance for, license or permit, or 
approve, any activity which does not conform to an 
implementation plan after it has been approved or promulgated 
under section 110. No metropolitan planning organization 
designated under section 134 of title 23, United States Code, 
shall give its approval to any project, program, or plan which 
does not conform to an implementation plan approved or 
promulgated under section 110. The assurance of conformity to 
such an implementation plan shall be an affirmative 
responsibility of the head of such department, agency, or 
instrumentality. Conformity to an implementation plan means--
            (A) conformity to an implementation plan's purpose 
        of eliminating or reducing the severity and number of 
        violations of the national ambient air quality 
        standards and achieving expeditious attainment of such 
        standards; and
            (B) that such activities will not--
                    (i) cause or contribute to any new 
                violation of any standard in any area;
                    (ii) increase the frequency or severity of 
                any existing violation of any standard in any 
                area; or
                    (iii) delay timely attainment of any 
                standard or any required interim emission 
                reductions or other milestones in any area.
The determination of conformity shall be based on the most 
recent estimates of emissions, and such estimates shall be 
determined from the most recent population, employment, travel 
and congestion estimates as determined by the metropolitan 
planning organization or other agency authorized to make such 
estimates.
    (2) [Any transportation plan]
            (2) Transportation plans and programs.--Any 
        transportation plan or program developed pursuant to 
        title 23, United States Code, or the Urban Mass 
        Transportation Act shall implement the transportation 
        provisions of any applicable implementation plan 
        approved under this Act applicable to all or part of 
        the area covered by such transportation plan or 
        program. No Federal agency may approve, accept or fund 
        any transportation plan, program or project unless such 
        plan, program or project has been found to conform to 
        any applicable implementation plan in effect under this 
        Act. In particular--
            (A) no transportation plan or transportation 
        improvement program may be adopted by a metropolitan 
        planning organization designated under title 23, United 
        States Code, or the Urban Mass Transportation Act, or 
        be found to be in conformity by a metropolitan planning 
        organization until a final determination has been made 
        that emissions expected from implementation of such 
        plans and programs are consistent with estimates of 
        emissions from motor vehicles and necessary emissions 
        reductions contained in the applicable implementation 
        plan, and that the plan or program will conform to the 
        requirements of paragraph (1)(B);
            (B) no metropolitan planning organization or other 
        recipient of funds under title 23, United States Code, 
        or the Urban Mass Transportation Act shall adopt or 
        approve a transportation improvement program of 
        projects until it determines that such program provides 
        for timely implementation of transportation control 
        measures consistent with schedules included in the 
        applicable implementation plan;
            (C) a transportation project may be adopted or 
        approved by a metropolitan planning organization or any 
        recipient of funds designated under title 23, United 
        States Code, or the Urban Mass Transportation Act, or 
        found in conformity by a metropolitan planning 
        organization or approved, accepted, or funded by the 
        Department of Transportation only if it meets either 
        the requirements of subparagraph (D) or the following 
        requirements--
                    (i) such a project comes from a conforming 
                plan and program;
                    (ii) the design concept and scope of such 
                project have not changed significantly since 
                the conformity finding regarding the plan and 
                program from which the project derived; and
                    (iii) the design concept and scope of such 
                project at the time of the conformity 
                determination for the program was adequate to 
                determine emissions[.];
            (D) [Any project] any transportation project not 
        referred to in subparagraph (C) shall be treated as 
        conforming to the applicable implementation plan only 
        if it is demonstrated that the projected emissions from 
        such project, when considered together with emissions 
        projected for the conforming transportation plans and 
        programs within the nonattainment area, do not cause 
        such plans and programs to exceed the emission 
        reduction projections and schedules assigned to such 
        plans and programs in the applicable implementation 
        plan[.];
                    (E) the appropriate metropolitan planning 
                organization shall redetermine conformity of 
                existing transportation plans and programs not 
                later than 2 years after the date on which the 
                Administrator--
                            (i) finds a motor vehicle emissions 
                        budget to be adequate in accordance 
                        with section 93.118(e)(4) of title 40, 
                        Code of Federal Regulations (as in 
                        effect on October 1, 2003);
                            (ii) approves an implementation 
                        plan that establishes a motor vehicle 
                        emissions budget, if that budget has 
                        not yet been used in a conformity 
                        determination prior to approval; or
                            (iii) promulgates an implementation 
                        plan that establishes or revises a 
                        motor vehicle emissions budget.
    [(3) Until such time as the implementation plan revision 
referred to in paragraph (4)(C) is approved, conformity of such 
plans, programs, and projects will be demonstrated if--
            [(A) the transportation plans and programs--
                    [(i) are consistent with the most recent 
                estimates of mobile source emissions;
                    [(ii) provide for the expeditious 
                implementation of transportation control 
                measures in the applicable implementation plan; 
                and
                    [(iii) with respect to ozone and carbon 
                monoxide nonattainment areas, contribute to 
                annual emissions reductions consistent with 
                sections 182(b)(1) and 187(a)(7); and
            [(B) the transportation projects--
                    [(i) come from a conforming transportation 
                plan and program as defined in subparagraph (A) 
                or for 12 months after the date of the 
                enactment of the Clean Air Act Amendments of 
                1990, from a transportation program found to 
                conform within 3 years prior to such date of 
                enactment; and
                    [(ii) in carbon monoxide nonattainment 
                areas, eliminate or reduce the severity and 
                number of violations of the carbon monoxide 
                standards in the area substantially affected by 
                the transportation project.
        [With regard to subparagraph (B)(ii), such 
        determination may be made as part of either the 
        conformity determination for the transportation program 
        or for the individual transportation project taken as a 
        whole during the environmental review phase of project 
        development.]
            (3) Methods of conformity determination before 
        budget is available.--
                    (A) In general.--Until such time as a motor 
                vehicle emission budget from an implementation 
                plan submitted for a national ambient air 
                quality standard is determined to be adequate 
                in accordance with section 93.118(e)(4) of 
                title 40, Code of Federal Regulations (as in 
                effect on October 1, 2003), or the submitted 
                implementation plan is approved, conformity of 
                such a plan, program, or project shall be 
                demonstrated, as selected through the 
                consultation process required under paragraph 
                (4)(B)(i), with--
                            (i) a motor vehicle emission budget 
                        that has been found adequate in 
                        accordance with section 93.118(e)(4) of 
                        title 40, Code of Federal Regulations 
                        (as in effect on October 1, 2003), or 
                        that has been approved, from an 
                        implementation plan for the most recent 
                        prior applicable national ambient air 
                        quality standard addressing the same 
                        pollutant; or
                            (ii) other such tests as the 
                        Administrator shall determine to ensure 
                        that--
                                    (I) the transportation plan 
                                or program--
                                            (aa) is consistent 
                                        with the most recent 
                                        estimates of mobile 
                                        source emissions;
                                            (bb) provides for 
                                        the expeditious 
                                        implementation of 
                                        transportation control 
                                        measures in the 
                                        applicable 
                                        implementation plan; 
                                        and
                                            (cc) with respect 
                                        to an ozone or carbon 
                                        monoxide nonattainment 
                                        area, contributes to 
                                        annual emissions 
                                        reductions consistent 
                                        with sections 182(b)(1) 
                                        and 187(a)(7); and
                                    (II) the transportation 
                                project--
                                            (aa) comes from a 
                                        conforming 
                                        transportation plan and 
                                        program described in 
                                        this subparagraph; and
                                            (bb) in a carbon 
                                        monoxide nonattainment 
                                        area, eliminates or 
                                        reduces the severity 
                                        and number of 
                                        violations of the 
                                        carbon monoxide 
                                        standards in the area 
                                        substantially affected 
                                        by the project.
                    (B) Determination for a transportation 
                project in a carbon monoxide nonattainment 
                area.--A determination under subparagraph 
                (A)(ii)(II)(bb) may be made as part of either 
                the conformity determination for the 
                transportation program or for the individual 
                project taken as a whole during the 
                environmental review phase of project 
                development.
    [(4)(A) No later than one year after the date of enactment 
of the Clean Air Act Amendments of 1990, the Administrator 
shall promulgate]
            (4) Criteria and procedures for determining 
        conformity.--
                    (A) In general.--The Administrator shall 
                promulgate, and periodically update, criteria 
                and procedures for determining conformity 
                (except in the case of transportation plans, 
                programs, and projects) of, and for keeping the 
                Administrator informed about, the activities 
                referred to in paragraph (1). [No later than 
                one year after such date of enactment, the 
                Administrator, with the concurrence of the 
                Secretary of Transportation, shall promulgate]
                    (B) Transportation plans, programs, and 
                projects.--The Administrator, with the 
                concurrence of the Secretary of Transportation, 
                shall promulgate, and periodically update, 
                criteria and procedures for demonstrating and 
                assuring conformity in the case of 
                transportation plans, programs, and projects. 
                [A suit]
                    (C) Civil action to compel promulgation.--A 
                civil action may be brought against the 
                Administrator and the Secretary of 
                Transportation under section 304 to compel 
                promulgation of such criteria and procedures 
                and the Federal district court shall have 
                jurisdiction to order such promulgation.
    [(B)] (D) The procedures and criteria shall, at a minimum--
            (i) address the consultation procedures to be 
        undertaken by metropolitan planning organizations and 
        the Secretary of Transportation with State and local 
        air quality agencies and State departments of 
        transportation before such organizations and the 
        Secretary make conformity determinations;
            (ii) address the appropriate frequency for making 
        conformity determinations, [but in no case shall such 
        determinations for transportation plans and programs be 
        less frequent than every three years; and] but the 
        frequency for making conformity determinations on 
        updated transportation plans and programs shall be 
        every 4 years, except in a case in which--
                                    (I) the metropolitan 
                                planning organization elects to 
                                update a transportation plan or 
                                program more frequently; or
                                    (II) the metropolitan 
                                planning organization is 
                                required to determine 
                                conformity in accordance with 
                                paragraph (2)(E);
            (iii) address how conformity determinations will be 
        made with respect to maintenance plans[.]; and
                            (iv) address the effects of the 
                        most recent population, economic, 
                        employment, travel, transit ridership, 
                        congestion, and induced travel demand 
                        information in the development and 
                        application of the latest travel and 
                        emissions models.
    [(C) Such procedures shall also include a requirement that 
each State shall submit to the Administrator and the Secretary 
of Transportation within 24 months of such date of enactment, a 
revision to its implementation plan that includes criteria and 
procedures for assessing the conformity of any plan, program, 
or project subject to the conformity requirements of this 
subsection.]
                    (E) Inclusion of criteria and procedures in 
                sip.--Not later than 2 years after the date of 
                enactment of the Safe, Accountable, Flexible, 
                and Efficient Transportation Equity Act of 
                2003, the procedures under subparagraph (A) 
                shall include a requirement that each State 
                include in the State implementation plan 
                criteria and procedures for consultation in 
                accordance with the Administrator's criteria 
                and procedures for consultation required by 
                subparagraph (D)(i).
                    (F) Inclusion of criteria and procedures in 
                sip.--Not later than 2 years after the date of 
                enactment of the Safe, Accountable, Flexible, 
                and Efficient Transportation Equity Act of 
                2003, the procedures under subparagraph (A) 
                shall include a requirement that each State 
                include in the State implementation plan 
                criteria and procedures for consultation in 
                accordance with the Administrator's criteria 
                and procedures for consultation required by 
                subparagraph (D)(i).
    [(D)] (F) Compliance with the rules of the Administrator 
for determining the conformity of transportation plans, 
programs, and projects funded or approved under title 23 of the 
United States Code or the Federal Transit Act to State or 
Federal implementation plans shall not be required for traffic 
signal synchronization projects prior to the funding, approval 
or implementation of such projects. The supporting regional 
emissions analysis for any conformity determination made with 
respect to a transportation plan, program, or project shall 
consider the effect on emissions of any such project funded, 
approved, or implemented prior to the conformity determination.
            (5)  Applicability.--This subsection shall apply 
        only with respect to--
                    (A) a nonattainment area and each pollutant 
                for which the area is designated as a 
                nonattainment area; and
                    (B) an area that was designated as a 
                nonattainment area but that was later 
                redesignated by the Administrator as an 
                attainment area and that is required to develop 
                a maintenance plan under section 175A with 
                respect to the specific pollutant for which the 
                area was designated nonattainment.
            (6) Notwithstanding paragraph 5, this subsection 
        shall not apply with respect to an area designated 
        nonattainment under section 107(d)(1) until 1 year 
        after that area is first designated nonattainment for a 
        specific national ambient air quality standard. This 
        paragraph only applies with respect to the national 
        ambient air quality standard for which an area is newly 
        designated nonattainment and does not affect the area's 
        requirements with respect to all other national ambient 
        air quality standards for which the area is designated 
        nonattainment or has been redesignated from 
        nonattainment to attainment with a maintenance plan 
        pursuant to section 175(A) (including any pre-existing 
        national ambient air quality standard for a pollutant 
        for which a new or revised standard has been issued).
            (7) Conformity horizon for transportation plans.--
                    (A) In general.--For the purposes of this 
                section, a transportation plan in a 
                nonattainment or maintenance area shall be 
                considered to be a transportation plan or a 
                portion of a transportation plan that extends 
                for the longest of the following periods:
                            (i) The first 10-year period of any 
                        such transportation plan.
                            (ii) The latest year in the 
                        implementation plan applicable to the 
                        area that contains a motor vehicle 
                        emission budget.
                            (iii) The year after the completion 
                        date of a regionally significant 
                        project, if the project requires 
                        approval before the subsequent 
                        conformity determination.
                    (B) Exception.--In a case in which an area 
                has a revision to an implementation plan under 
                section 175A(b) and the Administrator has found 
                the motor vehicle emissions budgets from that 
                revision to be adequate in accordance with 
                section 93.118(e)(4) of title 40, Code of 
                Federal Regulations (as in effect on October 1, 
                2003), or has approved the revision, the 
                transportation plan shall be considered to be a 
                transportation plan or portion of a 
                transportation plan that extends through the 
                last year of the implementation plan required 
                under section 175A(b).
            (8) Definitions.--In this subsection:
                    (A) Regionally significant project.--
                            (i) In general.--The term 
                        ``regionally significant project'' 
                        means a transportation project that is 
                        on a facility that serves a regional 
                        transportation need, including--
                                    (I) access to and from the 
                                area outside of the region;
                                    (II) access to and from 
                                major planned developments, 
                                including new retail malls, 
                                sports complexes, or 
                                transportation terminals; and
                                    (III) most transportation 
                                terminals.
                            (ii) Principal arterials and fixed 
                        guideways.--The term ``regionally 
                        significant project'' includes, at a 
                        minimum--
                                    (I) all principal arterial 
                                highways; and
                                    (II) all fixed guideway 
                                transit facilities that offer 
                                an alternative to regional 
                                highway travel.
                            (iii) Additional projects.--The 
                        interagency consultation process and 
                        procedures described in section 
                        93.105(c) of title 40, Code of Federal 
                        Regulations (as in effect on October 1, 
                        2003), shall be used to make 
                        determinations as to whether minor 
                        arterial highways and other 
                        transportation projects should be 
                        considered ``regionally significant 
                        projects''.
                            (iv) Exclusions.--The term 
                        ``regionally significant project'' does 
                        not include any project of a type 
                        listed in sections 93.126 or 127 of 
                        title 40, Code of Federal Regulations 
                        (as in effect on October 1, 2003).
                    (B) Significant revision.--The term 
                ``significant revision'' means--
                            (i) with respect to a regionally 
                        significant project, a significant 
                        change in design concept or scope to 
                        the project; and
                            (ii) with respect to any other kind 
                        of project, a change that converts a 
                        project that is not a regionally 
                        significant project into a regionally 
                        significant project.
                    (C) Transportation project.--The term 
                ``transportation project'' includes only a 
                project that is--
                            (i) a regionally significant 
                        project; or
                            (ii) a project that makes a 
                        significant revision to an existing 
                        project.
            (9) Substitution for transportation control 
        measures.--
                    (A) In general.--Transportation control 
                measures that are specified in an 
                implementation plan may be replaced or added to 
                the implementation plan with alternate or 
                additional transportation control measures if--
                            (i) the substitute measures achieve 
                        equivalent or greater emissions 
                        reductions than the control measure to 
                        be replaced, as demonstrated with an 
                        analysis that is consistent with the 
                        current methodology used for evaluating 
                        the replaced control measure in the 
                        implementation plan;
                            (ii) the substitute control 
                        measures are implemented--
                                    (I) in accordance with a 
                                schedule that is consistent 
                                with the schedule provided for 
                                control measures in the 
                                implementation plan; or
                                    (II) if the implementation 
                                plan date for implementation of 
                                the control measure to be 
                                replaced has passed, as soon as 
                                practicable after the 
                                implementation plan date but 
                                not later than the date on 
                                which emission reductions are 
                                necessary to achieve the 
                                purpose of the implementation 
                                plan;
                            (iii) the substitute and additional 
                        control measures are accompanied with 
                        evidence of adequate personnel, 
                        funding, and authority under State or 
                        local law to implement, monitor, and 
                        enforce the control measures;
                            (iv) the substitute and additional 
                        control measures were developed through 
                        a collaborative process that included--
                                    (I) participation by 
                                representatives of all affected 
                                jurisdictions (including local 
                                air pollution control agencies, 
                                the State air pollution control 
                                agency, and State and local 
                                transportation agencies);
                                    (II) consultation with the 
                                Administrator; and
                                    (III) reasonable public 
                                notice and opportunity for 
                                comment; and
                            (v) the metropolitan planning 
                        organization, State air pollution 
                        control agency, and the Administrator 
                        concur with the equivalency of the 
                        substitute or additional control 
                        measures.
                    (B) Adoption.--After carrying out 
                subparagraph (A), a State shall adopt the 
                substitute or additional transportation control 
                measure in the applicable implementation plan.
                    (C) No requirement for express 
                permission.--The substitution or addition of a 
                transportation control measure in accordance 
                with this paragraph shall not be contingent on 
                there being any provision in the implementation 
                plan that expressly permits such a substitution 
                or addition.
                    (D) No requirement for new conformity 
                determination.--The substitution or addition of 
                a transportation control measure in accordance 
                with this paragraph shall not require--
                            (i) a new conformity determination 
                        for the transportation plan; or
                            (ii) a revision of the 
                        implementation plan.
                    (E) Continuation of control measure being 
                replaced.--A control measure that is being 
                replaced by a substitute control measure under 
                this paragraph shall remain in effect until the 
                substitute control measure is approved.
                    (F) Effect of adoption.--Adoption of a 
                substitute control measure shall constitute 
                rescission of the previously applicable control 
                measure.
      (d) Each department, agency, or instrumentality of the 
Federal Government having authority to conduct or support any 
program with air-quality related transportation consequences 
shall give priority in the exercise of such authority, 
consistent with statutory requirements for allocation among 
States or other jurisdictions, to the implementation of those 
portions of plans prepared under this section to achieve and 
maintain the national primary ambient air quality standard. 
This paragraph extends to, but is not limited to, authority 
exercised under the Urban Mass Transportation Act, title 23 of 
the United States Code, and the Housing and Urban Development 
Act.
           * * * * * * *

                        [air quality monitoring

      [Sec. 319. Not later than one year after the date of 
enactment of the Clean Air Act Amendments of 1977 and after 
notice and opportunity for public heg],

SEC. 319. AIR QUALITY MONITORING.

    (a) In general.--After notice and opportunity for public 
hearing the Administrator shall promulgate regulations 
establishing an air quality monitoring system throughout the 
United States which--
            (1) utilizes uniform air quality monitoring 
        criteria and methodology and measures such air quality 
        according to a uniform air quality index,
            (2) provides for air quality monitoring stations in 
        major urban areas and other appropriate areas 
        throughout the United States to provide monitoring such 
        as will supplement (but not duplicate) air quality 
        monitoring carried out by the States required under any 
        applicable implementation plan,
            (3) provides for daily analysis and reporting of 
        air quality based upon such uniform air quality index, 
        and
            (4) provides for recordkeeping with respect to such 
        monitoring data and for periodic analysis and reporting 
        to the general public by the Administrator with respect 
        to air quality based upon such data.
The operation of such air quality monitoring system may be 
carried out by the Administrator or by such other departments, 
agencies, or entities of the Federal Government (including the 
National Weather Service) as the President may deem 
appropriate. Any air quality monitoring system required under 
any applicable implementation plan under section 110 shall, as 
soon as practicable following promulgation of regulations under 
this section, utilize the standard criteria and methodology, 
and measure air quality according to the standard index, 
established under such regulations.
    (b) Air Quality Monitoring Data Influenced by Exceptional 
Events.--
            (1) Definition of exceptional event.--In this 
        section:
                    (A) In general.--The term ``exceptional 
                event'' means an event that--
                            (i) affects air quality;
                            (ii) is not reasonably controllable 
                        or preventable;
                            (iii) is--
                                    (I) a natural event; or
                                    (II) an event caused by 
                                human activity that is unlikely 
                                to recur at a particular 
                                location; and
                            (iv) is determined by the 
                        Administrator through the process 
                        established in the regulations 
                        promulgated under paragraph (2) to be 
                        an exceptional event.
                    (B) Exclusions.--The term ``exceptional 
                event'' does not include--
                            (i) stagnation of air masses or 
                        meteorological inversions;
                            (ii) a meteorological event 
                        involving high temperatures or lack of 
                        precipitation; or
                            (iii) air pollution relating to 
                        source noncompliance.
            (2) Regulations.--
                    (A) Proposed regulations.--Not later than 
                March 1, 2005, after consultation with Federal 
                land managers and State air pollution control 
                agencies, the Administrator shall publish in 
                the Federal Register proposed regulations 
                governing the review and handling of air 
                quality monitoring data influenced by 
                exceptional events.
                    (B) Final regulations.--Not later than 1 
                year after the date on which the Administrator 
                publishes proposed regulations under 
                subparagraph (A), and after providing an 
                opportunity for interested persons to make oral 
                presentations of views, data, and arguments 
                regarding the proposed regulations, the 
                Administrator shall promulgate final 
                regulations governing the review and handling 
                or air quality monitoring data influenced by an 
                exceptional event that are consistent with 
                paragraph (3).
            (3) Principles and requirements.--
                    (A) Principles.--In promulgating 
                regulations under this section, the 
                Administrator shall follow--
                            (i) the principle that protection 
                        of public health is the highest 
                        priority;
                            (ii) the principle that timely 
                        information should be provided to the 
                        public in any case in which the air 
                        quality is unhealthy;
                            (iii) the principle that all 
                        ambient air quality data should be 
                        included in a timely manner, an 
                        appropriate Federal air quality 
                        database that is accessible to the 
                        public;
                            (iv) the principle that each State 
                        must take necessary measures to 
                        safeguard public health regardless of 
                        the source of the air pollution; and
                            (v) the principle that air quality 
                        data should be carefully screened to 
                        ensure that events not likely to recur 
                        are represented accurately in all 
                        monitoring data and analyses.
                    (B) Requirements.--Regulations promulgated 
                under this section shall, at a minimum, provide 
                that--
                            (i) the occurrence of an 
                        exceptional event must be demonstrated 
                        by reliable, accurate data that is 
                        promptly produced and provided by 
                        Federal, State, or local government 
                        agencies;
                            (ii) a clear causal relationship 
                        must exist between the measured 
                        exceedances of a national ambient air 
                        quality standard and the exceptional 
                        event to demonstrate that the 
                        exceptional event caused a specific air 
                        pollution concentration at a particular 
                        air quality monitoring location;
                            (iii) there is a public process for 
                        determining whether an event is 
                        exceptional; and
                            (iv) there are criteria and 
                        procedures for the Governor of a State 
                        to petition the Administrator to 
                        exclude air quality monitoring data 
                        that is directly due to exceptional 
                        events from use in determinations by 
                        the Environmental Protection Agency 
                        with respect to exceedances or 
                        violations of the national ambient air 
                        quality standards.
            (4) Interim provision.--Until the effective date of 
        a regulation promulgated under paragraph (2), the 
        following guidance issued by the Administrator shall 
        continue to apply:
                    (A) Guidance on the identification and use 
                of air quality data affected by exceptional 
                events (July 1986).
                    (B) Areas affected by PM-10 natural events, 
                May 30, 1996.
                    (C) Appendices I, K, and N to part 50 of 
                title 40, Code of Federal Regulations.
           * * * * * * *
                              ----------                              

               DINGELL-JOHNSON SPORT FISH RESTORATION ACT

 AN ACT To provide that the United States shall aid the States in fish 
      restoration and management projects, and for other purposes.
           * * * * * * *
    Sec. 3. To carry out the provisions of this Act for fiscal 
years after September 30, 1984, there are authorized to be 
appropriated from the Sport Fish Restoration Account 
established by section 9504(a) of the Internal Revenue Code of 
1986 the amounts paid, transferred, or otherwise credited to 
that Account. For purposes of the provision of the Act of 
August 31, 1951, which refers to this section, such amounts 
shall be treated as the amounts that are equal to the revenues 
described in this section. The appropriation made under the 
provisions of this section for each fiscal year shall continue 
available during the [succeeding fiscal year]. So much of such 
appropriation apportioned to any State for any fiscal year as 
remains unexpended at the close thereof is authorized to be 
made available for expenditure in that State until the close of 
the succeeding fiscal year. Any amount apportioned to any State 
under the provisions of this Act which is unexpended or 
unobligated at the end of the period during which it is 
available for expenditure on any project is authorized to be 
made available for expenditure by the Secretary of the Interior 
[in carrying on the research program of the Fish and Wildlife 
Service in respect to fish of material value for sport and 
recreation] to supplement the 55.3 percent of each annual 
appropriation to be apportioned among the States, as provided 
for in section 4(b) of this Act.
    Sec. 4. [(a) The Secretary of the Interior shall distribute 
18 per centum of each annual appropriation made in accordance 
with the provisions of section 3 of this Act as provided in the 
Coastal Wetlands Planning, Protection, and Restoration Act 
(title III, Public Law 101-646). Notwithstanding the provisions 
of section 3 of this Act, such sums shall remain available to 
carry out such Act through fiscal year 2009.

    [(b) Use of Balance After Distribution.--
            [(1) Fiscal year 1998.--In fiscal year 1998, an 
        amount equal to $20,000,000 of the balance remaining 
        after the distribution under subsection (a) shall be 
        transferred to the Secretary of Transportation and 
        shall be expended for State recreational boating safety 
        programs under section 13106(a)(1) of title 46, United 
        States Code.
            [(2) Fiscal year 1999.--For fiscal year 1999, of 
        the balance of each annual appropriation remaining 
        after making the distribution under subsection (a), an 
        amount equal to $74,000,000, reduced by 82 percent of 
        the amount appropriated for that fiscal year from the 
        Boat Safety Account of the Aquatic Resources Trust Fund 
        established by section 9504 of the Internal Revenue 
        Code of 1986 to carry out the purposes of section 
        13106(a) of title 46, United States Code, shall be used 
        as follows:
                    [(A) $10,000,000 shall be available to the 
                Secretary of the Interior for 3 fiscal years 
                for obligation for qualified projects under 
                section 5604(c) of the Clean Vessel Act of 1992 
                (33 U.S.C. 1322 note).
                    [(B) The balance remaining after the 
                application of subparagraph (A) shall be 
                transferred to the Secretary of Transportation 
                and shall be expended for State recreational 
                boating safety programs under section 13106 of 
                title 46, United States Code.
            [(3) Fiscal years 2000-2003.--For each of fiscal 
        years 2000 through 2003, of the balance of each annual 
        appropriation remaining after making the distribution 
        under subsection (a), an amount equal to $82,000,000, 
        reduced by 82 percent of the amount appropriated for 
        that fiscal year from the Boat Safety Account of the 
        Aquatic Resources Trust Fund established by section 
        9504 of the Internal Revenue Code of 1986 to carry out 
        the purposes of section 13106(a) of title 46, United 
        States Code, shall be used as follows:
                    [(A) $10,000,000 shall be available for 
                each fiscal year to the Secretary of the 
                Interior for 3 fiscal years for obligation for 
                qualified projects under section 5604(c) of the 
                Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
                    [(B) $8,000,000 shall be available for each 
                fiscal year to the Secretary of the Interior 
                for 3 fiscal years for obligation for qualified 
                projects under section 7404(d) of the 
                Sportfishing and Boating Safety Act of 1998.
                    [(C) The balance remaining after the 
                application of subparagraphs (A) and (B) shall 
                be transferred for each such fiscal year to the 
                Secretary of Transportation and shall be 
                expended for State recreational boating safety 
                programs under section 13106 of title 46, 
                United States Code.
            [(4) Transfer of certain funds.--Amounts available 
        under subparagraph (A) of paragraph (2) and 
        subparagraphs (A) and (B) of paragraph (3) that are 
        unobligated by the Secretary of the Interior after 3 
        fiscal years shall be transferred to the Secretary of 
        Transportation and shall be expended for State 
        recreational boating safety programs under section 
        13106(a) of title 46, United States Code.
    [(c) National Outreach and Communications Program.--Of the 
balance of each such annual appropriation remaining after 
making the distribution under subsections (a) and (b), 
respectively, an amount equal to--
            [(1) $5,000,000 for fiscal year 1999;
            [(2) $6,000,000 for fiscal year 2000;
            [(3) $7,000,000 for fiscal year 2001;
            [(4) $8,000,000 for fiscal year 2002; and
            [(5) $10,000,000 for fiscal year 2003;
shall be used for the National Outreach and Communications 
Program under section 8(d). Such amounts shall remain available 
for 3 fiscal years, after which any portion thereof that is 
unobligated by the Secretary of the Interior for that program 
may be expended by the Secretary under subsection (e).
    [(d) Set-Aside for Expenses for Administration of the 
Dingell-Johnson Sport Fish Restoration Act.--
            [(1) In general.--
                    [(A) Set-aside.--For fiscal year 2001 and 
                each fiscal year thereafter, of the balance of 
                each such annual appropriation remaining after 
                the distribution and use under subsections (a), 
                (b), and (c) and section 14, the Secretary of 
                the Interior may use not more than the 
                available amount specified in subparagraph (B) 
                for the fiscal year for expenses for 
                administration incurred in implementation of 
                this Act, in accordance with this subsection 
                and section 9.
                    [(B) Available amounts.--The available 
                amount referred to in subparagraph (A) is--
                            [(i) for each of fiscal years 2001 
                        and 2002, $9,000,000;
                            [(ii) for fiscal year 2003, 
                        $8,212,000; and
                            [(iii) for fiscal year 2004 and 
                        each fiscal year thereafter, the sum 
                        of--
                                    [(I) the available amount 
                                for the preceding fiscal year; 
                                and
                                    [(II) the amount determined 
                                by multiplying--
                                            [(aa) the available 
                                        amount for the 
                                        preceding fiscal year; 
                                        and
                                            [(bb) the change, 
                                        relative to the 
                                        preceding fiscal year, 
                                        in the Consumer Price 
                                        Index for All Urban 
                                        Consumers published by 
                                        the Department of 
                                        Labor.
            [(2) Period of availability; apportionment of 
        unobligated amounts.--
                    [(A) Period of availability.--For each 
                fiscal year, the available amount under 
                paragraph (1) shall remain available for 
                obligation for use under that paragraph until 
                the end of the fiscal year.
                    [(B) Apportionment of unobligated 
                amounts.--Not later than 60 days after the end 
                of a fiscal year, the Secretary of the Interior 
                shall apportion among the States any of the 
                available amount under paragraph (1) that 
                remains unobligated at the end of the fiscal 
                year, on the same basis and in the same manner 
                as other amounts made available under this Act 
                are apportioned among the States under 
                subsection (e) for the fiscal year.]
    (a) In General.--For fiscal years 2004 through 2009, each 
annual appropriation made in accordance with the provisions of 
section 3 of this Act shall be distributed as follows:
            (1) Coastal wetlands.--18 percent to the Secretary 
        of the Interior for distribution as provided in the 
        Coastal Wetlands Planning, Protection, and Restoration 
        Act (16 U.S.C. 3951 et seq.).
            (2) Boating safety.--18 percent to the Secretary of 
        Homeland Security for State recreational boating safety 
        programs under section 13106 of title 46, United States 
        Code.
            (3) Clean vessel act.--1.9 percent to the Secretary 
        of the Interior for qualified projects under section 
        5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 
        note).
            (4) Boating infrastructure.--1.9 percent to the 
        Secretary of the Interior for obligation for qualified 
        projects under section 7404(d) of the Sportfishing and 
        Boating Safety Act of 1998 (16 U.S.C. 777g-1(d)).
            (5) National outreach and communications.--1.9 
        percent to the Secretary of the Interior for the 
        National Outreach and Communications Program under 
        section 8(d) of this Act. Such amounts shall remain 
        available for 3 fiscal years, after which any portion 
        thereof that is unobligated by the Secretary for that 
        program may be expended by the Secretary under 
        subsection (b) of this section.
            (6) Set-aside for expenses for administration of 
        this chapter._
                    (A) In general.--2.1 percent to the 
                Secretary of the Interior for expenses for 
                administration incurred in implementation of 
                this Act, in accordance with this section, 
                section 9, and section 14 of this Act.
                    (B) Apportionment of unobligated funds.--If 
                any portion of the amount made available to the 
                Secretary under subparagraph (A) remains 
                unexpended and unobligated at the end of a 
                fiscal year, that portion shall be apportioned 
                among the States, on the same basis and in the 
                same manner as other amounts made available 
                under this Act are apportioned among the States 
                under subsection (b) of this section, within 60 
                days after the end of that fiscal year. Any 
                amount apportioned among the States under this 
                subparagraph shall be in addition to any 
                amounts otherwise available for apportionment 
                among the States under subsection (b) for the 
                fiscal year.
    [(e)] (b) The Secretary of the Interior, after the 
distribution, transfer, use, and deduction under subsections 
(a), (b), (c), and (d), respectively, and after deducting 
amounts used for grants under section 14, shall apportion the 
remainder of each such annual appropriation among the several 
States in the following manner: 40 per centum in the ratio 
which the area of each State including coastal and Great Lakes 
waters (as determined by the Secretary of the Interior) bears 
to the total area of all the States, and 60 per centum in the 
ratio which the number of persons holding paid licenses to fish 
for sport or recreation in the State in the second fiscal year 
preceding the fiscal year for which such apportionment is made, 
as certified to said Secretary by the State fish and game 
departments, bears to the number of such persons in all the 
States. Such apportionments shall be adjusted equitably so that 
no State shall receive less than 1 per centum nor more than 5 
per centum of the total amount apportioned. Where the 
apportionment to any State under this section is less than 
$4,500 annually, the Secretary of the Interior may allocate not 
more than $4,500 of said appropriation to said State to carry 
out the purposes of this Act when said State certifies to the 
Secretary of the Interior that it has set aside not less than 
$1,500 from its fish-and-game funds or has made, through its 
legislature, an appropriation in this amount for said purposes.
    [(f)] (c) So much of any sum not allocated under the 
provisions of this section for any fiscal year is hereby 
authorized to be made available for expenditure to carry out 
the purposes of this Act until the close of the succeeding 
fiscal year. The term fiscal year as used in this section shall 
be a period of twelve consecutive months from October 1 through 
the succeeding September 30, except that the period for 
enumeration of persons holding licenses to fish shall be a 
State's fiscal or license year.
    [(g)] (d) Expenses for Administration of Certain 
Programs.--
            (1) In general.--For each fiscal year, of the 
        amounts appropriated under section 3, the Secretary of 
        the Interior shall use only funds authorized for use 
        under [subsections (a), (b)(3)(A), (b)(3)(B), and (c)] 
        paragraphs (1), (3), (4), and (5) of subsection (a) to 
        pay the expenses for administration incurred in 
        carrying out the provisions of law referred to in those 
        subsections, respectively.
    (e) Transfer of Certain Funds.--Amounts available under 
paragraphs (3) and (4) of subsection (a) that are unobligated 
by the Secretary after 3 fiscal years shall be transferred to 
the Secretary of Homeland Security and shall be expended for 
State recreational boating safety programs under section 
13106(a) of title 46, United States Code.
            (2) Maximum amount.--For each fiscal year, the 
        Secretary of the Interior may use not more than 
        $900,000 in accordance with paragraph (1).
           * * * * * * *
    Sec. 8. (a) To maintain fish-restoration and management 
projects established under the provisions of this Act shall be 
the duty of the States according to their respective laws. 
Beginning July 1, 1953, maintenance of projects heretofore 
completed under the provisions of this Act may be considered as 
projects under this Act. Title to any real or personal property 
acquired by any State, and to improvements placed on State-
owned lands through the use of funds paid to the State under 
the provisions of this Act, shall be vested in such State.
    (b)(1) Each State shall allocate 15 percent of the funds 
apportioned to it for each fiscal year under section 4 of this 
Act for the payment of up to 75 per centum of the costs of the 
acquisition, development, renovation, or improvement of 
facilities (and auxiliary facilities necessary to insure the 
safe use of such facilities) that create, or add to, public 
access to the waters of the United States to improve the 
suitability of such waters for recreational boating purposes. 
Notwithstanding this provision, States within a United States 
Fish and Wildlife Service Administrative Region may allocate 
more or less than 15 percent in a fiscal year, provided that 
the total regional allocation averages 15 percent over a 5 year 
period.
    (2) So much of the funds that are allocated by a State 
under paragraph (1) in any fiscal year that remained unexpended 
or unobligated at the close of such year are authorized to be 
made available for the purposes described in paragraph (1) 
during the succeeding four fiscal years, but any portion of 
such funds that remain unexpended or unobligated at the close 
of such period are authorized to be made available for 
expenditure by the Secretary of the Interior [in carrying out 
the research program of the Fish and Wildlife Service in 
respect to fish of material value for sport or recreation] to 
supplement the 55.3 percent of each annual appropriation to be 
apportioned among the States under section 4(b) of this Act.
    (c) Each State may use not to exceed 15 percent of the 
funds apportioned to it under section 4 of this Act to pay up 
to 75 per centum of the costs of an aquatic resource education 
and outreach and communications program for the purpose of 
increasing public understanding of the Nation's water resources 
and associated aquatic life forms. The non-Federal share of 
such costs may not be derived from other Federal grant 
programs. The Secretary shall issue not later than the one 
hundred and twentieth day after the effective date of this 
subsection such regulations as he deems advisable regarding the 
criteria for such programs.
    (d) National Outreach and Communications Program.--
            (1) Implementation.--Within 1 year after the date 
        of enactment of the Sportfishing and Boating Safety Act 
        of 1998, the Secretary of the Interior shall develop 
        and implement, in cooperation and consultation with the 
        Sport Fishing and Boating Partnership Council, a 
        national plan for outreach and communications.
            (2) Content.--The plan shall provide--
                    (A) guidance, including guidance on the 
                development of an administrative process and 
                funding priorities, for outreach and 
                communications programs; and
                    (B) for the establishment of a national 
                program.
            (3) Secretary may match or fund programs.--Under 
        the plan, the Secretary may obligate amounts available 
        under [subsection (c) or (d) of section 4] paragraph 
        (5) or (6) of section 4(a) of this Act--
                    (A) to make grants to any State or private 
                entity to pay all or any portion of the cost of 
                carrying out any outreach and communications 
                program under the plan; or
                    (B) to fund contracts with States or 
                private entities to carry out such a program.
            (4) Review.--The plan shall be reviewed 
        periodically, but not less frequently than once every 3 
        years.
    (e) State Outreach and Communications Program.--Within 12 
months after the completion of the national plan under 
subsection (d)(1), a State shall develop a plan for an outreach 
and communications program and submit it to the Secretary. In 
developing the plan, a State shall--
            (1) review the national plan developed under 
        subsection (d);
            (2) consult with anglers, boaters, the sportfishing 
        and boating industries, and the general public; and
            (3) establish priorities for the State outreach and 
        communications program proposed for implementation.
    (f) Pumpout Stations and Waste Reception Facilities.--
Amounts apportioned to States under section 4 of this Act may 
be used to pay not more than 75 percent of the costs of 
constructing, renovating, operating, or maintaining pumpout 
stations and waste reception facilities (as those terms are 
defined in the Clean Vessel Act of 1992).
    (g) Surveys.--
            (1) National framework.--Within 6 months after the 
        date of enactment of the Sportfishing and Boating 
        Safety Act of 1998, the Secretary, in consultation with 
        the States, shall adopt a national framework for a 
        public boat access needs assessment which may be used 
        by States to conduct surveys to determine the adequacy, 
        number, location, and quality of facilities providing 
        access to recreational waters for all sizes of 
        recreational boats.
            (2) State surveys.--Within 18 months after such 
        date of enactment, each State that agrees to conduct a 
        public boat access needs survey following the 
        recommended national framework shall report its 
        findings to the Secretary for use in the development of 
        a comprehensive national assessment of recreational 
        boat access needs and facilities.
            (3) Exception.--Paragraph (2) does not apply to a 
        State if, within 18 months after such date of 
        enactment, the Secretary certifies that the State has 
        developed and is implementing a plan that ensures there 
        are and will be public boat access adequate to meet the 
        needs of recreational boaters on its waters.
            (4) Funding.--A State that conducts a public boat 
        access needs survey under paragraph (2) may fund the 
        costs of conducting that assessment out of amounts 
        allocated to it as funding dedicated to motorboat 
        access to recreational waters under subsection (b)(1) 
        of this section.
           * * * * * * *

SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR 
                    EXPENSES FOR ADMINISTRATION.

    (a) Authorized Expenses for Administration.--Except as 
provided in subsection (b), the Secretary of the Interior may 
use available amounts under [section 4(d)(1)] section 4(a)(6) 
only for expenses for administration that directly support the 
implementation of this Act that consist of--
            (1) personnel costs of employees who directly 
        administer this Act on a full-time basis;
            (2) personnel costs of employees who directly 
        administer this Act on a part-time basis for at least 
        20 hours each week, not to exceed the portion of those 
        costs incurred with respect to the work hours of the 
        employee during which the employee directly administers 
        this Act, as those hours are certified by the 
        supervisor of the employee;
            (3) support costs directly associated with 
        personnel costs authorized under paragraphs (1) and 
        (2), excluding costs associated with staffing and 
        operation of regional offices of the United States Fish 
        and Wildlife Service and the Department of the Interior 
        other than for the purposes of this Act;
            (4) costs of determining under section 6(a) whether 
        State comprehensive plans and projects are substantial 
        in character and design;
            (5) overhead costs, including the costs of general 
        administrative services, that are directly attributable 
        to administration of this Act and are based on--
                    (A) actual costs, as determined by a direct 
                cost allocation methodology approved by the 
                Director of the Office of Management and Budget 
                for use by Federal agencies; and
                    (B) in the case of costs that are not 
                determinable under subparagraph (A), an amount 
                per full-time equivalent employee authorized 
                under paragraphs (1) and (2) that does not 
                exceed the amount charged or assessed for costs 
                per full-time equivalent employee for any other 
                division or program of the United States Fish 
                and Wildlife Service;
            (6) costs incurred in auditing, every 5 years, the 
        wildlife and sport fish activities of each State fish 
        and game department and the use of funds under section 
        6 by each State fish and game department;
            (7) costs of audits under subsection (d);
            (8) costs of necessary training of Federal and 
        State full-time personnel who administer this Act to 
        improve administration of this Act;
            (9) costs of travel to States, territories, and 
        Canada by personnel who--
                    (A) administer this Act on a full-time 
                basis for purposes directly related to 
                administration of State programs or projects; 
                or
                    (B) administer grants under section 6 or 
                14;
            (10) costs of travel outside the United States 
        (except travel to Canada), by personnel who administer 
        this Act on a full-time basis, for purposes that 
        directly relate to administration of this Act and that 
        are approved directly by the Assistant Secretary for 
        Fish and Wildlife and Parks;
            (11) relocation expenses for personnel who, after 
        relocation, will administer this Act on a full-time 
        basis for at least 1 year, as certified by the Director 
        of the United States Fish and Wildlife Service at the 
        time at which the relocation expenses are incurred; and
            (12) costs to audit, evaluate, approve, disapprove, 
        and advise concerning grants under sections 6 and 14.
    (b) Reporting of Other Uses.--
            (1) In general.--Subject to paragraph (2), if the 
        Secretary of the Interior determines that available 
        amounts under [section 4(d)(1)] section 4(a)(6) should 
        be used for an expense for administration other than an 
        expense for administration described in subsection (a), 
        the Secretary--
           * * * * * * *
    Sec. 12. The Secretary of the Interior is authorized to 
cooperate with the Secretary of Agriculture of Puerto Rico, the 
Mayor of the District of Columbia, the Governor of Guam, the 
Governor of American Samoa, the Governor of the Commonwealth of 
the Northern Mariana Islands, and the Governor of the Virgin 
Islands, in the conduct of fish restoration and management 
projects as defined in section 2 of this Act, upon such terms 
and conditions as he shall deem fair, just, and equitable, and 
is authorized to apportion to Puerto Rico, the District of 
Columbia, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, and the Virgin Islands, out of money 
available for apportionment under this Act, such sums as he 
shall determine, not exceeding for Puerto Rico 1 per centum, 
for the District of Columbia one-third of 1 per centum, for 
Guam one-third of 1 per centum, for American Samoa one-third of 
1 per centum, for the Commonwealth of the Northern Mariana 
Islands one-third of 1 per centum, and for the Virgin Islands 
one-third of 1 per centum of the total amount apportioned in 
any one year, but the Secretary shall in no event require any 
of said cooperating agencies to pay an amount which will exceed 
25 per centum of the cost of any project. Any unexpended or 
unobligated balance of any apportionment made pursuant to this 
section shall be made available for expenditure in Puerto Rico, 
the District of Columbia, Guam, the Commonwealth of the 
Northern Mariana Islands, or the Virgin Islands, as the case 
may be, in the succeeding year, on any approved projects, and 
if unexpended or unobligated at the end of such year is 
authorized to be made available for expenditure by the 
Secretary of the Interior [in carrying on the research program 
of the Fish and Wildlife Service in respect to fish of material 
value for sport or recreation] to supplement the 55.3 percent 
of each annual appropriation to be apportioned among the States 
under section 4(b) of this Act.
           * * * * * * *

SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.

    [(a) In General.--
            [(1) Amount for grants.--Of the balance of each 
        annual appropriation made under section 3 remaining 
        after the distribution and use under subsections (a), 
        (b), and (c) of section 4 in a fiscal year, not more 
        than $3,000,000 shall be available to the Secretary of 
        the Interior for making multistate conservation project 
        grants in accordance with this section.]
    (a) In General._
            (1) Amount for grants.--For each of fiscal years 
        2004 through 2009, 0.9 percent of each annual 
        appropriation made in accordance with the provisions of 
        section 3 of this Act shall be distributed to the 
        Secretary of the Interior for making multistate 
        conservation project grants in accordance with this 
        section.'';
            (2) by striking ``section 4(e)'' each place it 
        appears in subsection (a)(2)(B) and inserting ``section 
        4(b)''; and
            (3) by striking ``Of the balance of each annual 
        appropriation made under section 3 remaining after the 
        distribution and use under subsections (a), (b), and 
        (c) of section 4 for each fiscal year and after 
        deducting amounts used for grants under subsection 
        (a)--'' in subsection (e) and inserting ``Of amounts 
        made available under section 4(a)(6) for each fiscal 
        year--
            (2) Period of availability; apportionment.--
                    (A) Period of availability.--Amounts made 
                available under paragraph (1) shall remain 
                available for making grants only for the first 
                fiscal year for which the amount is made 
                available and the following fiscal year.
                    (B) Apportionment.--At the end of the 
                period of availability under subparagraph (A), 
                the Secretary of the Interior shall apportion 
                any amounts that remain available among the 
                States in the manner specified in section 4(e) 
                for use by the States in the same manner as 
                funds apportioned under section 4(e).
    (b) Selection of Projects.--
            (1) States or entities to be benefited.--A project 
        shall not be eligible for a grant under this section 
        unless the project will benefit--
                    (A) at least 26 States;
                    (B) a majority of the States in a region of 
                the United States Fish and Wildlife Service; or
                    (C) a regional association of State fish 
                and game departments.
            (2) Use of submitted priority list of projects.--
        The Secretary of the Interior may make grants under 
        this section only for projects identified on a priority 
        list of sport fish restoration projects described in 
        paragraph (3).
            (3) Priority list of projects.--A priority list 
        referred to in paragraph (2) is a priority list of 
        sport fish restoration projects that the International 
        Association of Fish and Wildlife Agencies--
                    (A) prepares through a committee comprised 
                of the heads of State fish and game departments 
                (or their designees), in consultation with--
                            (i) nongovernmental organizations 
                        that represent conservation 
                        organizations;
                            (ii) sportsmen organizations; and
                            (iii) industries that fund the 
                        sport fish restoration programs under 
                        this Act;
                    (B) approves by vote of a majority of the 
                heads of State fish and game departments (or 
                their designees); and
                    (C) not later than October 1 of each fiscal 
                year, submits to the Assistant Director for 
                Wildlife and Sport Fish Restoration Programs.
            (4) Publication.--The Assistant Director for 
        Wildlife and Sport Fish Restoration Programs shall 
        publish in the Federal Register each priority list 
        submitted under paragraph (3)(C).
    (c) Eligible Grantees.--
            (1) In general.--The Secretary of the Interior may 
        make a grant under this section only to--
                    (A) a State or group of States;
                    (B) the United States Fish and Wildlife 
                Service, or a State or group of States, for the 
                purpose of carrying out the National Survey of 
                Fishing, Hunting, and Wildlife-Associated 
                Recreation; and
                    (C) subject to paragraph (2), a 
                nongovernmental organization.
            (2) Nongovernmental organizations.--
                    (A) In general.--Any nongovernmental 
                organization that applies for a grant under 
                this section shall submit with the application 
                to the International Association of Fish and 
                Wildlife Agencies a certification that the 
                organization--
                            (i) will not use the grant funds to 
                        fund, in whole or in part, any activity 
                        of the organization that promotes or 
                        encourages opposition to the regulated 
                        taking of fish; and
                            (ii) will use the grant funds in 
                        compliance with subsection (d).
                    (B) Penalties for certain activities.--Any 
                nongovernmental organization that is found to 
                use grant funds in violation of subparagraph 
                (A) shall return all funds received under this 
                section and be subject to any other applicable 
                penalties under law.
    (d) Use of Grants.--A grant under this section shall not be 
used, in whole or in part, for an activity, project, or program 
that promotes or encourages opposition to the regulated taking 
of fish.
    (e) Funding for Other Activities.--Of the balance of each 
annual appropriation made under section 3 remaining after the 
distribution and use under subsections (a), (b), and (c) of 
section 4 for each fiscal year and after deducting amounts used 
for grants under subsection (a)--
            (1) $200,000 shall be made available for each of--
                    (A) the Atlantic States Marine Fisheries 
                Commission;
                    (B) the Gulf States Marine Fisheries 
                Commission;
                    (C) the Pacific States Marine Fisheries 
                Commission; and
                    (D) the Great Lakes Fisheries Commission; 
                and
            (2) $400,000 shall be made available for the Sport 
        Fishing and Boating Partnership Council established by 
        the United States Fish and Wildlife Service.
    (f) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to any activity carried out under this section.
           * * * * * * *


```